Abstract

ion level one benefits subsequent programmers. Unfortunately, no satisfactory theory has been formulated for selecting the proper abstraction level even for traditional literary works. Thus, little guidance exists for such a decision in the more complex context of computer software. 39 Recent court interpretations of the copyright laws have used abstraction level five to distinguish ideas from expressions in computer software. In other words, the structure, sequence, and organization of a computer program, as well as the manner in which the software interacts with the user, are typically protected against copied programs that are perceived as substantially similar by consumers and/or experts. Many scholars designate protection at this high abstraction level as and protection.40 Thus, courts currently provide copyright protection not only to literal computer programs, but routinely bestow far-reaching copyright exclusivity by protecting the very look and feel of those

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