I've had a chance to read your materials. Here's a question: Using the AFC test [1], which seems common throughout the case law cited, how does one distinguish

I've had a chance to read your materials. Here's a question: Using the AFC test [1], which seems common throughout the case law cited, how does one distinguish a design decision from a standard programming technique [2] in the context of a programming language's standard library API? By virtue of terminology, it's a standard. Is it defensible because it is a design decision concerning a programming language implementation? Then how does that square with computer languages not being copyrightable? What argument can one make so it can pass the filtration step of the test? [1] https://en.wikipedia.org/wiki/Abstraction-Filtration-Comparison_test https://en.wikipedia.org/wiki/Abstraction-Filtration-Compari... [2] Computer Associates Int. Inc. v. Altai Inc. https://web.archive.org/web/20120310144346/http://ftp.resource.org/courts.gov/c/F2/982/982.F2d.693.91-7935.91-7893.762.html https://web.archive.org/web/20120310144346/http://ftp.resour... "in many instances it is virtually impossible to write a program to perform particular functions in a specific computing environment without employing standard techniques." 3 Nimmer § 13.03[F], at 13-65. This is a result of the fact that a programmer's freedom of design choice is often circumscribed by extrinsic considerations such as (1) the mechanical specifications of the computer on which a particular program is intended to run; (2) compatibility requirements of other programs with which a program is designed to operate in conjunction; (3) computer manufacturers' design standards; (4) demands of the industry being serviced; and (5) widely accepted programming practices within the computer industry."