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@ -1412,7 +1412,7 @@ program, Oscar. About 30\% of Oscar was literally the same code as
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that in Adapter. After the suit began, the defendant rewrote those
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that in Adapter. After the suit began, the defendant rewrote those
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portions of Oscar that contained Adapter code in order to produce a new
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portions of Oscar that contained Adapter code in order to produce a new
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version of Oscar that was functionally competitive with Adapter, without
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version of Oscar that was functionally competitive with Adapter, without
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have any literal copies of its code. Feeling slighted still, the
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having any literal copies of its code. Feeling slighted still, the
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plaintiff alleged that even the second version of Oscar, despite having no
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plaintiff alleged that even the second version of Oscar, despite having no
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literally copied code, also infringed its copyrights. In addressing that
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literally copied code, also infringed its copyrights. In addressing that
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question, the Second Circuit promulgated the AFC test.
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question, the Second Circuit promulgated the AFC test.
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