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Divided Federal Circuit Makes Controversial Ruling That Nonliteral Elements Of

The Court of Appeals for the Federal Circuit (CAFC) affirmed a district court ruling that the asserted nonliteral elements of a software program were not copyright protectable, in part.

Open Source Based Software Elements Are Not Protectable

The Court of Appeals for the Federal Circuit affirmed a district court ruling that asserted nonliteral elements of a software program were not copyright protectable, in part, because allegedly copied materials contained unprotectable open-source elements. Judge Newman dissented.

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