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LSDefine

Simple English definitions for legal terms

substantial-certainty test

Read a random definition: peremptory challenge

A quick definition of substantial-certainty test:

The substantial-certainty test is used to determine if a second work is a copy of the first. It asks if a reasonable person would be sure that the second work is a copy.

A more thorough explanation:

The substantial-certainty test is a legal test used to determine whether a second work was copied from the first. The test asks whether a reasonable observer would conclude with substantial certainty that the second work is a copy of the first.

For example, if a songwriter creates a new song and another songwriter creates a song that sounds very similar, the substantial-certainty test would be used to determine if the second songwriter copied the first. If a reasonable observer would conclude with substantial certainty that the second song is a copy of the first, then the second songwriter could be found guilty of copyright infringement.

Another example could be if a company creates a new product and another company creates a product that looks and functions very similarly. The substantial-certainty test would be used to determine if the second company copied the first. If a reasonable observer would conclude with substantial certainty that the second product is a copy of the first, then the second company could be found guilty of patent infringement.

These examples illustrate how the substantial-certainty test is used to determine whether a work or product was copied from another. It is important to note that the test relies on the perspective of a reasonable observer, meaning that it is not based solely on the intentions of the person accused of copying.

substantial-capacity test | substantial change in circumstances

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ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
WorthlessAttractiveZombie
7:44
My berkeley paragraph finally disappeared. I definitely think it is just an indicator that they are actively reviewing files, and does not mean anything about A, WL, or Rs
WorthlessAttractiveZombie
7:46
Also has anyone's date disappeared for W&L? Mine did last night
7:55
@WorthlessAttractiveZombie: mine did yesterday morning
7:56
Oops sorry I meant Vilanova. Mine disappeared last week
soapy
8:48
UMN under review! As predicted, decisions are gonna come out early December
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