1. Whether the district court and Ninth Circuit erred in applying the extrinsic test for substantial similarity by "filter[ing] out" elements that the court considered "common" or "unprotected," without first analyzing whether Carlini's selection and arrangement of protected and unprotected elements in WTF are substantially similar to those of WMW.

2. Whether, in characterizing WTF's literary elements, both the district court and Ninth Circuit erred by improperly substituting their subjective literary judgment for that of the fact-finder, contrary to the rule that dismissal of a copyright-infringement claim at the pleading stage is proper only if no reasonable juror could find substantial similarity between the works.

whether-the-district-court-and-ninth-circuit-erred-in-applying-the-extrinsic-test-for-substantial-similarity