But ZeniMax isnt claiming that Oculus infringed its patentsits claiming that the company infringed its copyrights. Still, Jennings says its possible to violate software copyrights without using the exact code found in the original program. The issue is a thorny one. In some cases, its not unreasonable to assume that two programmers will write remarkably similar code to solve the same problem. After all, even though many programming languages provide multiple ways to accomplish a particular task, there is still a limited number of different possible ways to express an idea with code. There is an even smaller number of ways to accomplish those tasks efficiently. But as a program grows in size and complexity, the number of ways to express an idea in code also grows, creating opportunities for a programmer to essentially paraphrase ideas taken from another programmers work without actually doing anything substantially original. Parsing Innovation Despite the complexity of the issue, courts have a well established procedure for determining the similarities between two bodies of code. The Abstraction-Filtration-Comparison test goes back 25 years to the decisive Computer Associates Int. Inc. v.
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