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The term was introduced in the case of ''Whelan v. Jaslow'' in 1986.{{sfn|Kappel|1991|p=699}}
The method of comparing the SSO of two software products has since evolved in attempts to avoid the extremes of over-protection and under-protection, both of which discourage innovation.{{sfn|Abramson|2001|p=57}}
More recently, the concept has been used in a major case brought against [[Google]] by [[Oracle Corporation|Oracle]].{{sfn|Lee|2012}}
==Whelan v. Jaslow==
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