In the world of software litigation, very few disputes are as deceptively complex as determining whether one program is “substantially similar” to another. Unlike plagiarism in prose, where copied sentences often betray the act, software is written in ways that make verbatim copying unnecessary. A developer may use different variable names, restructure functions, or change comments, while still replicating the heart of another’s work. Courts have developed the concept of substantial similarity to address these situations, looking beyond literal line-by-line matches to evaluate whether the expression of ideas in code has been misappropriated.
Artificial intelligence (AI) is increasingly adopted by small and mid-sized businesses (SMBs) to streamline operations and enhance services. However, this shift also introduces significant legal exposure—particularly in intellectual property (IP) and breach of contract litigation. Improper implementation, third-party tool misuse, or vague contractual definitions often result in disputes that demand technical analysis. As AI becomes embedded in business operations, attorneys must understand how these systems function—and when AI expert witness testimony is essential.