As delineated above, Anderson cannot base a finding of substantial similarity on the characters and themes that Stallone had developed previously.
Due to the complexity of the theme and the substantial shortage of previous works especially and systematically devoted to it, a comprehensive, if not detailed, analysis of the influence of Arabic and Islamic philosophy on Judaic thought should observe some limits.
See Olson, 855 F.2d at 1451 53 (Substantial similarity cannot be based on loose similarity between plaintiff's thinly sketched character and defendant's allegedly infringing characters). Nor can the common ideas and themes that plaintiff alleges to exist between the two works be a basis for a finding of substantial similarity, as these general themes are not protectable expression.
True, that is an essay on inflation and marketing economics, but also, as Mr. Gould shows, it has a theme with substantial significance in the study of the development of ancient life forms.
"I stare down from the cave, imaging him [a hermit] climbing the cliff towards me, but the shore stretches empty". One misses the sustained themes of the more substantial volumes – the disparity between political borders and ethnic realities, for example – but many of the author's preoccupations reach maturation in these pages.
With their hopes dashed of substantial improvement in unemployment anytime soon, aides indicated that the theme was likely to be less "morning in America" and more "don't change horses in midstream".
Under the intrinsic test as well as under the extrinsic test, a finding of substantial similarity cannot be based on unprotectable scenes-a-faire or characters, themes, and plots which Stallone originally created himself.
However, given the consistent theme observed in multiple datasets, our results should help to shift the burden against assuming that pRBC exposure is free of substantial risk.
The only substantial variation on the theme of RNAi could be an antisense mechanism acting on DNA.
No definition of "substantial".
