Recent content by OregonOutfielder

  1. O

    Extrinsic test: plot and sequence (9th Circuit)

    I'm not trained as a lawyer but I am trained in literary studies, and I want to follow up with a general question. The example provided by Flyingron is very helpful but it requires extrapolation. I have to read the two commentaries and deduce from their argument what they mean by "plot" and...
  2. O

    Extrinsic test: plot and sequence (9th Circuit)

    Ah--good catch. Thank you. That's very helpful. (Now I hope that these haven't been changed since 2006.) Thank you again. I may well be back for more...
  3. O

    Extrinsic test: plot and sequence (9th Circuit)

    Yes! Isn't it interesting that the court has attempted to set up a test that is considered "objective" and yet hasn't offered (that I can find or has been articulated here) any criteria for what constitutes the very elements to be tested? You're right that common English usage often defines...
  4. O

    Extrinsic test: plot and sequence (9th Circuit)

    Thank you both. Believe me, as a layperson I've researched this endlessly. I can't find that the terms are defined in any meaningful way, and as adjusterjack points out, the Ninth Circuit has repeatedly critiqued and modified the extrinsic test, sometimes criticizing its own rulings. So ... my...
  5. O

    Extrinsic test: plot and sequence (9th Circuit)

    Hello. The Ninth Circuit has designed an "extrinsic test" for comparing two literary works for copyright infringement cases. The elements of the test include "plot" and "sequence of events." Can someone explain the difference? Thank you.
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