The finding introduced the concepts of extrinsic and intrinsic tests to determine substantial similarity.
Probe functions are used to describe an object to determine the characteristics and perceptual similarity of objects.
An extrinsic test would determine similarity of general ideas, while an intrinsic test would compare the particular expressions used.
The AFC test is a three-step process for determining substantial similarity of the non-literal elements of a computer program.
It mandates that the entirety of the marks in question be considered in determining confusing similarity.
Various aspects of objects can be used to determine similarity, usually depending on the domain and the appropriate definition of similarity for that domain.
The Copyright Office, however, does not undertake the making of comparisons of copyright deposits to determine similarity between works.
A number of tests have been devised to determine substantial similarity.
Both similarities and differences can be considered in determining "substantial similarity".
As an alternate metric, the court presented a three-step test to determine substantial similarity, abstraction-filtration-comparison.