Petition of the day

Issue: (1) Whether, to determine infringement between original and allegedly infringing works of computer code, it is sufficient that the jury, assisted by expert testimony, finds the copyrightable elements to be substantially similar, or conversely, as the U.S. Court of Appeals for the 9th Circuit held, whether expert testimony is prohibited simply because juries assess infringement from the perspective of the “ordinary reasonable person”; and (2) whether, in a case involving computer code where access to the original work is conceded, other reliable proof demonstrates the content, and the defendant does not object under the Federal Rules of Evidence, the factfinder can determine that copying took place, or conversely, as the U.S. Court of Appeals for the 9th Circuit held, whether the Copyright Act mandates that the original and infringing works be in evidence at trial.