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Abstraction-Filtration-Comparison test
The Abstraction-Filtration-Comparison test (AFC) is a method of identifying substantial similarity for the purposes of applying copyright law. In particular, the AFC test is used to determine whether non-literal elements of a computer program have been copied. The AFC test was developed by the United States Court of Appeals for the Second Circuit in 1992 in its opinion for
''Computer Associates Int. Inc. v. Altai Inc.''〔Bruce Abramson, ''(Promoting Innovation In The Software Industry: A First Principles Approach To Intellectual Property Reform )'', 8 B.U. J. Sci. & Tech. L. 75, 123 (2002) ("Various courts have proposed elegant tests for determining when a second program is "close enough" to an earlier copyright-protected competitor to constitute infringement. Perhaps the most influential of these tests is the abstraction-filtration-comparison test, first introduced by the Second Circuit in ''Computer Assoc. Int'l v. Altai'' and subsequently adopted by several other circuits.").〕 It has been widely adopted by United States courts and recognized by courts outside the United States as well.
==Background==
The Second Circuit Court of Appeals developed the AFC test for use in ''Computer Associates Int'l, Inc. v. Altai Inc.'' In that case, Computer Associates sued Altai for copyright infringement of a computer job scheduler program that was designed to be easily ported between operating systems. Proving copyright infringement requires proving both ownership of the copyright and that copying took place. This second requirement can be met either by direct proof, or as is more usually done, by demonstrating the following: 1) the defendant had access to the copyright material and 2) there is substantial similarity between the copyrighted work and the defendant's work.〔Altai, para. 39.〕 Demonstrating substantial similarity can be difficult when the two works are not exact replicas, either in full or in part. The Second Circuit court had found there was little previous guidance on how best to do this.
One notable previous treatment of substantial similarity of the Structure, sequence and organization (SSO) of software was adopted by the Third Circuit in ''Whelan v. Jaslow''.〔''(Whelan Associates Inc. v. Jaslow Dental Laboratory, Inc. )'', 797 F.2d 1222 (3d Cir. 1986).〕 The court there suggested identifying the main function of a program as the idea and everything that is not strictly necessary for the purposes of the idea can be considered expression. The ''Altai'' court declined to follow this method, noting that the ''Whelan'' method "did not place enough emphasis on practical considerations".〔Altai, para. 72.〕 The AFC test was devised to handle that issue; it is a method for determining whether substantial similarity exists between two computer programs, especially in non-literal elements of the program.
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