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JLI specializes in infringement analysis of these materials, examining them for significant similarities at various levels ranging from literal similarity (verbatim) to non-literal similarity (where the copying is not verbatim, but is derivative nonetheless).

Computer programs are written in a human-readable textual form called source code. This source code is translated or compiled into a form that can be used to control the actions of a computer. This translated form, also called object code or executable code, when it is executed makes the computer behave in a particular way.

In order to save time, and that really is the only reason why one programmer copies computer programs written by someone else, the programmer might copy:

  1. The human readable source code. This is not normally made available to the general public but some programmers, when they leave the employ of one company have taken source code with them, or electronically transmitted it outside the company.
  2. The manuals and other documentation which describes what the software does and how it works.
  3. The "user interface" with which the user of the program interacts.
  4. The internal format of the data files - if this is copied it is often to develop another program that will create "compatible" data files, or process the first program's data files.

JLI's special skills lie in determining which similarities are the products of constraint (and therefore can be exonerated) and which are not (and therefore are indicia of copying).

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An initial assay of the two parties source code is performed by comparing every textual line of source code in Plaintiff's software with every textual line of source code in the Defendant's source code using a "sliding window" technique to find identical or near-identical lines..

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