It is of course essential to any protection of literary property that the right cannot
be limited literally to the text (ศาลหมายถึง non-literal copying), else a plagiarist would escape
by immaterial variation…” Judge Hand also observed that “… When a plagiarist takes not a
literal portion, but ‘an abstract of the whole’, decision is more troublesome”. Then, Judge
Hand announced his ‘abstractions’ test6