Structure, sequence and organization: Difference between revisions

Revision as of 15:02, 1 June 2012

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However, the court went on to say, "As we have already noted, a computer program's ultimate function or purpose is the composite result of interacting subroutines. Since each Subroutine is itself a program, and thus, may be said to have its own 'idea,' Whelan's general formulation that a program's overall Purpose equates with the program's idea is descriptively inadequate."{{sfn|Hamilton|Sabety|1997|p=250}}

The Second Circuit introduced the three-step [[Abstraction-Filtration-Comparison test]], and several other circuits later adopted this test. In the abstraction step the court identifies all similaritessimilarities starting from the object and source code and moving up to higher levels of abstraction. In the filtration step any legitimate similarities are discarded.{{sfn|Abramson|2001|pp=49-50}}

Elements removed in this step include obvious expressive interpretations of broad ideas, elements dictated by efficiency or external considerations, elements in the public ___domain and industry standards.{{sfn|Davidson|1997|p=116}}

In the comparison step the court decides whether there is enough similarity between the remaining elements to constitute infringement, and if so the severity of the infringement.{{sfn|Abramson|2001|pp=49-50}}