What is the test for determining whether there is a "similarity of ideas" between two works?
MultiRegion, United States of America
The following excerpt is from CORY VAN RIJN v. California Raisin Advisory Bd., 697 F. Supp. 1136 (E.D. Cal. 1987):
Because "similarity of ideas may be shown by an extrinsic test which focuses on alleged similarities in the objective details of the works," Litchfield v. Spielberg, 736 F.2d 1352, 1356 (9th Cir.1984), defendants conversely argue that "objectively analyzed under an extrinsic test, the parties' respective works are completely different." Defendants' brief sets forth the following chart detailing the dissimilarities of the general ideas:3
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