2 ms·
Just to set the stage and not entirely specific to this complaint... It really depends on what is and isn't subject to copyright for software. Broadly, there i
by williamcotton 2y ago
Just to set the stage and not entirely specific to this complaint... It really depends on what is and isn't subject to copyright for software.
Broadly, there is the distinction between expressive and functional code. [1]
And then there are the specific tests that have been developed by the courts to separate the expressive and functional aspects of software. [2] [3]
In practice it is very expensive for a plaintiff to do such analysis. For the most part the damages related to copyright are not worth the time and money. Plaintiffs tend to go for trade secret related damages as they are not restricted by the above tests.
There are also arguments to be made of de minimis infringements that are not worth the time of the court.
Most importantly the plaintiff fundamentally has the burden of proof and cannot just say that copying must have taken place. They need concrete evidence.
[1] https://en.wikipedia.org/wiki/Idea–expression_distinction https://en.wikipedia.org/wiki/Idea–expression_distinction
[2] https://en.wikipedia.org/wiki/Structure,_sequence_and_organization https://en.wikipedia.org/wiki/Structure,_sequence_and_organi...
[3] https://en.wikipedia.org/wiki/Abstraction-Filtration-Comparison_test https://en.wikipedia.org/wiki/Abstraction-Filtration-Compari...