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Flip side: first to file arose because first to invent is inherently ambiguous. The fixed cost of a filing was deemed better than the large and unknowable cost of determining who invented what when through the courts.



How does copyright handle that problem since copyright is automatic?


It doesn't matter who created a copyrighted work first, because independent creation is an absolute defense to copyright infringement.


Proof of independent creation might be; but similarity provides a statistical test of that. Cases use similarity and probability, they don't take "independent creators" at their word.




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