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Computer Associates Int. Inc. V. Altai Inc.




Altai hired an ex-employee of Computer Associates . In the course of his work at Altai the employee used code owned by Computer Associates. During a lawsuit brought by Computer Associates, it was found that the code written by employee consisted of 30% of code taken from his previous employer. Altai had the program rewritten by programmers who had never seen the infringing code (a Clean Room rewrite). Computer Associates sued Altai again on the basis that the second version of the code infringed their original code.

The Court held that there was no infringment in the second version. A new test for Substantial Similarity , known as the "abstraction/filtration/comparison" test, was developed that was largely based on the reasoning in '' Nichols V. Universal Pictures Co. ''.


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