3. The “It Happens” Argument. In many industries, from software to the medical, legal and retail industries, copying of this nature happens. Several briefs16 offer examples to illustrate that copying of this nature is not only not problematic for innovation but helpful and functional.

16. See, e.g., Briefs filed by Auto Care Association and Static Control Components, Inc.; Developers Alliance; R Street Institute, Public Knowledge, and The Niskanen Center, Engine Advocacy; American Library Association et al.; Software and System Developers and Engineers for United States Government Agencies; Professor Glynn Lunney; Software Innovators, Startups, and Investors; 83 Computer Scientists; Copyright Scholars; Civ Pro, IP & Legal History Professors; Microsoft Corporation.

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