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Hyunseok Kim | The Right to a Jury in Determining Copyrightability of Computer Program Elements
Copy and paste. Copy and paste. Copy and ... click. "You're under arrest," a police officer says. You protest, "But literally everyone uses this code!" "Tell it to the judge," the officer responds. "Or maybe it's the jury. We'll see." Should you care? Your future may depend on who makes that call.
The right to trial by jury, codified in the Seventh Amendment, stands as one of the fundamental rights of American citizens. Jacob v. New York City, 315 U.S. 752, 752 (1942). Yet, it is not unlimited. As the modern world becomes more complex, so do disputes
Hyunseok Kim | Three Approaches to the “Substantial Similarity” Standard in Copyright Infringement Cases
Every composer in conservatory studies Igor Stravinsky. Pupils who admire his trailblazing compositional techniques might be surprised to discover his source of inspiration. Stravinsky famously declared that “a good composer does not imitate; he steals.” “Stealing” musical ideas has a rich and long history. Far from being forbidden, it has been a cornerstone in the evolution of music. J.S. Bach based his music on Lutheran hymns and drew heavily on Dietrich Buxtehude’s style. Johannes Brahms frequently invoked folk tunes by expanding musical structure laid out by his predecessors, notably Beethoven.