On 8/20/2010 9:52 AM, RJack wrote:
It seems you have just nullified the AFC test's merger doctrine.
You do not understand, or deliberately lie about, the AFC test.
Here is what the court said in Gates Rubber:
<http://scholar.google.com/scholar_case?case=11680749340692242274> 2.
Filtration ... (a) The Idea-Expression Dichotomy ... At the other end
of the abstractions spectrum, source and object code, which are the
literal elements of a program, will almost always be found to be
protectable expression unless the doctrines of merger and scenes a
faire come into play.
The AFC test is for determining when non-literal copying has taken
place. When literal code has been copied, copyright infringement has
occurred, with the very limited exceptions the court mentions.