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COPYRIGHT
Relying upon the abstraction-filtration-comparison test set forth in Computer Associates v. Altai, a New York federal court ordered a preliminary injunction against software programmers that infringed upon a day trader's copyrights in developing an online trading program. Persuasive to the court was plaintiff's evidence of identical coding in the two programs, and the "remarkable" similarities between the-two, including identical errors.
Tradescape.Corn is a securities broker/dealer that runs a day trading operation, permitting customers to make online purchases and sales using its software and computer system. Shivaram worked for Tradescape as a software development consultant from October 1998 until July 1999, when he left to form his own business. Shivaram claimed that he and another individual developed Bulldog, a program that, like Tradescape's, allows online trading. In August 1999, Tradescape sued, claiming that Bulldog was the product of infringement of its copyrights. Tradescape sought a preliminary injunction restraining further development and marketing of Bulldog or any other program based on Tradescape's copyrighted program (Tradescape. Com v. Shivaram et al., 1999 WL 1102767 (SDNY Dec. 7, 1999)).
Altai Explained
The court used the abstract ion-filtration-comparison analysis first enunciated by the Second Circuit in Computer Associates v. Altai, 982 F.2d 693 (2d...