Ellis v. Diffie’s Empirical Analysis
177 F.3d 503 · 1999
Citation profile
29 federal appellate ·
How this case has been cited
Cited by 53 later decisions — most recently May 2020 · most notably Jorgensen v. Epic/Sony Records (2003), Stromback v. New Line Cinema (2004)
29 federal appellate ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on United States v. United States Gypsum Co. · Feist Publications, Inc. v. Rural Telephone Service Co. · Selle v. Gibb · Repp v. Webber · Kamar International, Inc. v. Russ Berrie & Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) access to the allegedly-infringed work by the defendant(s) and (2) a substantial similarity between the two works at issue.”
3 later decisions quote this exact passage · from the majority“requires the trier of fact to gauge the similarities of the two works solely on the basis of his `net impression' and without relying on expert analysis or dissection.”
2 later decisions quote this exact passage · from the majority“Does the audience test give content to the Court's definition of infringing conduct as `copying of constituent elements of the work that are original?'”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.