Copyright Infringement of Software - Limitations

Limitations

Copyright does not protect the technical form nor R&D of an original work. Copyright contains a Substantial similarity requirement to determine whether the work falls under the Fair use clause.

Evaluation of alleged software copyright infringement in a court of law may be non-trivial; if an original work is alleged to have been modified, then tests such as the Abstraction-Filtration-Comparison test (AFC Test) are used to detect infringement. The time and costs required to apply this test naturally vary based on the size and complexity of the copyrighted material. Furthermore, there is no standard or universally accepted test; some courts have rejected the AFC Test it in favor of narrower testing criteria.

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