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@ -1319,7 +1319,7 @@ originality to merit copyright protection.
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Portions of the source or object code of a computer program are rarely
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Portions of the source or object code of a computer program are rarely
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filtered out as unprotectable elements. However, some distinct parts of
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filtered out as unprotectable elements. However, some distinct parts of
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source and object code have been found unprotectable. For example,
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source and object code have been found unprotectable. For example,
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constant s, the invariable integers comprising part of formulas used to
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constants, the invariable integers comprising part of formulas used to
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perform calculations in a program, are unprotectable. Further, although
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perform calculations in a program, are unprotectable. Further, although
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common errors found in two programs can provide strong evidence of
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common errors found in two programs can provide strong evidence of
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copying, they are not afforded any copyright protection over and above the
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copying, they are not afforded any copyright protection over and above the
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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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