only the general idea of the novel, which in terms of section 2 of the Act is excluded from copyright protection. Accordingly, the Court of Appeal was in error in failing to advert to this question of law. In my view, therefore, this appeal succeeds and the judgments of the courts below should be set aside. For the avoidance of doubt, the setting aside of the judgments of the courts below implies that they are no longer of value as precedents for the purpose of stare decisis. I have, therefore, decided there is no need to comment on any aspects of the legal arguments on the other issues raised in those judgments, even though I may not necessarily agree with them. DR. S. K. DATE-BAH JUSTICE OF THE SUPREME COURT JONES DOTSE JSC I have been privileged to have read the judgment delivered by my respected and distinguished brother, Justice Date-Bah JSC. I entirely agree with the reasoning and the conclusions reached in the judgment, and that is, the appeal herein is allowed on the more fundamental and core issue that the works complained of have been excluded under section 2 of the Copyright Act, 2005 Act 690. Since section 2 of the Copyright Act, has specifically excluded ideas, concepts among others from Copyright, I entirely agree with Justice Date-Bah JSC that the fundamental and core issue which a court engaged in a copyright case has to consider is whether the works alleged to be in breach of the Copyright Act, are not excepted under section 2 of the Act. Since the plaintiff has failed to clear that initial hurdle, the appeal herein succeeds. 20