Research Paper on:
Smarts and Then Some (Case Study Analysis)

Unformatted Sample Text from the Research Paper:
program was then test marketed. At this time a competitor filed suit claiming that the Smarts and Then Some program violated the competitors copyright on a program they too were  test marketing." Here, it seems as if two distinct companies have developed similar products and this is not unusual. The case relays the fact that Smarts and Then Some did  do a great deal of research. After they were done, they test marketed this coveted software only to learn that another company had already submitted a copyright and that they  were being sued. Questions submitted by a student, regarding the case study, are: "What is the test to determine whether a copyright has been violated? Who do you think should  win this case? " First, it should be said that whenever a law suit is waged, there are two sides to the story. It might be that the competitor has  a point and that Smarts and Then Some Inc. had done something so similar to the copyrighted program that the suit has merit. There is also the possibility that the  suit has some merit, but the situation is ambiguous. The product is very similar to the protected product manufactured by the other company. A third possibility is that the products  are similar, but not similar enough to warrant copyright protection. Finally, a fourth possibility is that the products are substantially different and the other company is out of line by  waging the suit. Unfortunately, there is no litmus test that will completely resolve the issue, and the result will be determined by a judge based on the evidence, case law  and applicable statutes. Before delving into an analysis, it should be stated that while precedents exist, there has been much debate as to whether a software program could be copyrighted