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A difficulty posed by the idea-expression distinction is that "[n]obody has ever been able to fix that boundary, and nobody ever can", as Judge Learned Hand wrote for the Second Circuit Court of Appeals in 1930's Nichols v. Universal Pictures Corp., holding that while a fictional character can be copyrighted, it must be well-developed. [24]
In the United States, trade secrets are protected under state law, and states have nearly universally adopted the Uniform Trade Secrets Act. The United States also has federal law in the form of the Economic Espionage Act of 1996 (18 U.S.C. §§ 1831–1839), which makes the theft or misappropriation of a trade secret a federal crime. This law ...
Statutory damages can be awarded by the court within the range of $750 to $30,000, but this can be lowered if the infringement is deemed inadvertent, or increased significantly if the infringement is willful. [95] Statutory damages are sometimes preferable for the plaintiff if actual damages and profits are too small, too difficult to prove, or ...
These non-literal aspects, however, can be protected only "to the extent that they incorporate authorship in programmer's expression of original ideas, as distinguished from the ideas themselves." [ 10 ] In Computer Associates vs Altai , the Second Circuit proposed the Abstraction-Filtration-Comparison test for identifying these protected elements.
Intellectual freedom encompasses many areas including issues of academic freedom, Internet filtering, and censorship. [4] Because proponents of intellectual freedom value an individual's right to choose informational concepts and media to formulate thought and opinion without repercussion, restrictions to access and barriers to privacy of information constitute intellectual freedom issues.
Multiple lawsuits accuse the administration of violating privacy law and other protections in allegedly allowing affiliates of the Musk-led Department of Government Efficiency to take control of ...
Plagiarism (using someone's words, ideas, images, etc. without acknowledgment) is a matter of professional ethics, while copyright is a matter of law, and protects exact expression, not ideas. One can plagiarize even a work that is not protected by copyright, for example by passing off a line from Shakespeare as one's own.
[citation needed]) The law in India does clearly state that a "literary work" includes computer programs [40] and hence by extension, the source code of video games can be protected as software or literary work. Unlike the US, in India, different aspects of a game, like the art, code, gameplay mechanics etc. are copyrightable independently. [41]