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Whether a Trade Secret Misappropriation Suit Can Coexist With a Copyright Violation claim when the misappropriation is Based on the use of Infringing Material?

Can copyright protection be obtained for non-literal software elements such as structure and organization under US law?


Under US law, non-literal portions of software, such as the program's structure, sequencing, and organisation, are protected by copyright. This protection extends beyond the literal lines of code and is determined by the three-step Abstraction-Filtration-Comparison test. This method comprises reviewing the program, removing non-protected components, and comparing the remaining elements to see if there is a strong resemblance for copyright infringement. Moreover, Trade secret misappropriation claims can coexist with copyright infringement claims if additional criteria other than the use of infringing material are included, potentially avoiding pre-emption under the federal Copyright Act.

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