Copyright Law: Integrating Successive Filtering into the Bifurcated Substantial Similarity Inquiry in Software Copyright Infringement Cases: A Standard for Determining the Scope of Copyright Protection for Non-Literal Elements of Computer Programs

Abstract

The non-literal elements of a computer program, such as its user interface, are crucial in determining that program\u27s success on the commercial market. Such non-literal elements represent a substantial portion of the development costs of a program, but they are quite inexpensive to copy. Courts are currently unable to agree on the extent to which copyright law offers protection to the non-literal elements of computer programs, leaving the industry uncertain and hesitant to develop new user interfaces. This article develops a principled approach for determining the proper scope of copyright protection for the nonliteral elements of computer programs