PUBPOL 373 Lecture Notes - Lecture 10: Ca Technologies, Substantial Similarity, Inventive Step And Non-Obviousness

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Williams was aware of both the ca-scheduler and adapter programs. Williams was not involved in their development and had never seen the codes of either program. Arney went to work creating oscar at altai"s offices using the adapter source code. Arney had copied approximately 30% of oscar"s code from ca"s adapter program. After arney confirmed to william"s that ca"s accusations of copying were true, williams initiated oscar"s rewrite. The project"s goal was to save as much of oscar 3. 4 as could be used and to excise those portions which had been copied from adapter. From that point on, altai shipped only oscar 3. 5 to its new customers. Altai also shipped oscar 3. 5 as a free upgrade to all customers that had previously purchased. While altai and williams acted responsibly to correct arney"s literal copying of the adapter program, copyright infringement had occurred.

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