Legal Dictionary of Pakistan

abstraction-filtration-comparison test

Copyright. A judicially created test for determining whether substantial similarity exists between the nonliteral elements of two or more computer programs. 0 Under this test, a program is first dissected according to its varying levels of generality ("abstractions test"). Then each level of abstraction is examined to filter out program elements that are unprotectable, such as ideas, processes, facts, public-domain information, merger material, scenes a faire, and other unprotectable elements ("filtration test"). Finally, the remaining protectable elements are compared with the allegedly infringing program to determine whether substantial elements of the plaintiffs program have been misappropriated ("comparison test").