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. Smarts and Then Some, Inc. developed a software program after several years of research and development. The particular software program was then test marketed.

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. Smarts and Then Some, Inc. developed a software program after several years of research and development. The particular software program was then test marketed. At this time a competitor led suit claiming that the Smarts and Then Some program violated the competitor's copyright on a program they too were test marketing. 1What is the legal test to determine whether a copyright has been violated

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