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by JumpCrisscross 2936 days ago
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.
1 comments

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.