Software Legal Protection
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Author | : Gerardo Con Diaz |
Publisher | : Yale University Press |
Total Pages | : 384 |
Release | : 2019-10-22 |
Genre | : Law |
ISBN | : 0300249322 |
A new perspective on United States software development, seen through the patent battles that shaped our technological landscape This first comprehensive history of software patenting explores how patent law made software development the powerful industry that it is today. Historian Gerardo Con Díaz reveals how patent law has transformed the ways computing firms make, own, and profit from software. He shows that securing patent protection for computer programs has been a central concern among computer developers since the 1950s and traces how patents and copyrights became inseparable from software development in the Internet age. Software patents, he argues, facilitated the emergence of software as a product and a technology, enabled firms to challenge each other’s place in the computing industry, and expanded the range of creations for which American intellectual property law provides protection. Powerful market forces, aggressive litigation strategies, and new cultures of computing usage and development transformed software into one of the most controversial technologies ever to encounter the American patent system.
Author | : Bernard A. Galler |
Publisher | : Praeger |
Total Pages | : 230 |
Release | : 1995-05-23 |
Genre | : Business & Economics |
ISBN | : |
How has the legal system used its traditional body of copyright and patent law to protect rights in computer software? The last 15 years have changed the entire landscape with regard to the creation and protection of software as intellectual property. Written by a computer expert with extensive participation in some of the most important software trials of the period, this book invites you to think critically about significant software issues and learn about the legal pitfalls surrounding software development in the industry today. The book is organized around various legal issues raised by both plaintiffs and defendants in copyright litigation, and the problems of the U.S. Patent & Trademark Office in dealing with the rapid proliferation of applications for software-related patents. The author explains important terms and concepts in software litigation such as infringement, substantial similarity, reverse engineering, the merger defense, and look and feel. A succinct, readable survey for computer professionals, nonlegal academics, and lawyers who need a fast summary of the critical issues and cases in software and intellectual property matters.
Author | : United States. Congress. Office of Technology Assessment |
Publisher | : |
Total Pages | : 44 |
Release | : 1990 |
Genre | : Computer software |
ISBN | : |
Author | : Reto Hilty |
Publisher | : Oxford University Press, USA |
Total Pages | : 465 |
Release | : 2021-02-25 |
Genre | : Law |
ISBN | : 0198870949 |
This edited volume provides a broad and comprehensive picture of the intersection between Artificial Intelligence technology and Intellectual Property law, covering business and the basics of AI, the interactions between AI and patent law, copyright law, and IP administration, and the legal aspects of software and data.
Author | : Noam Shemtov |
Publisher | : Oxford University Press |
Total Pages | : 289 |
Release | : 2017-09-07 |
Genre | : Law |
ISBN | : 0191026174 |
Although the law on infringement is relatively straightforward in relation to the copying of literal and textual elements of software, it is the copying of non-literal and functional elements that poses complex and topical questions in the context of intellectual property (IP) protection. In many cases, it is these non-literal and functional elements that contain the real value of a software product. This book concerns the copying of non-literal and functional elements of software in both the United States and European Union, using a holistic approach to address the most topical questions facing experts concerned with legal protection of software products across a range of technological platforms. The book focuses on six distinct but interrelated areas: contract, copyright, patents, trade-dress, designs and trade secrets, discussing these areas separately and in relation to one another. The book discusses software as a multilayered functional product, setting the scene for other legal discussions by highlighting software's unique characteristics. It examines models for the provision of software, addressing licensing patterns and overall enforceability, as well as the statutory and judicial tools for regulating the use of such licences. It assesses the protection of non-literal and functional software elements under EU and US laws, focusing on internal architecture, interfaces, behavioural elements and GUIs.
Author | : Mireille Hildebrandt |
Publisher | : Oxford University Press |
Total Pages | : 341 |
Release | : 2020 |
Genre | : Law |
ISBN | : 0198860870 |
This book introduces law to computer scientists and other folk. Computer scientists develop, protect, and maintain computing systems in the broad sense of that term, whether hardware (a smartphone, a driverless car, a smart energy meter, a laptop, or a server), software (a program, an application programming interface or API, a module, code), or data (captured via cookies, sensors, APIs, or manual input). Computer scientists may be focused on security (e.g. cryptography), or on embedded systems (e.g. the Internet of Things), or on data science (e.g. machine learning). They may be closer to mathematicians or to electrical or electronic engineers, or they may work on the cusp of hardware and software, mathematical proofs and empirical testing. This book conveys the internal logic of legal practice, offering a hands-on introduction to the relevant domains of law, while firmly grounded in legal theory. It bridges the gap between two scientific practices, by presenting a coherent picture of the grammar and vocabulary of law and the rule of law, geared to those with no wish to become lawyers but nevertheless required to consider the salience of legal rights and obligations. Simultaneously, this book will help lawyers to review their own trade. It is a volume on law in an onlife world, presenting a grounded argument of what law does (speech act theory), how it emerged in the context of printed text (philosophy of technology), and how it confronts its new, data-driven environment. Book jacket.
Author | : National Research Council |
Publisher | : National Academies Press |
Total Pages | : 352 |
Release | : 2003-08-11 |
Genre | : Political Science |
ISBN | : 0309167183 |
This volume assembles papers commissioned by the National Research Council's Board on Science, Technology, and Economic Policy (STEP) to inform judgments about the significant institutional and policy changes in the patent system made over the past two decades. The chapters fall into three areas. The first four chapters consider the determinants and effects of changes in patent "quality." Quality refers to whether patents issued by the U.S. Patent and Trademark Office (USPTO) meet the statutory standards of patentability, including novelty, nonobviousness, and utility. The fifth and sixth chapters consider the growth in patent litigation, which may itself be a function of changes in the quality of contested patents. The final three chapters explore controversies associated with the extension of patents into new domains of technology, including biomedicine, software, and business methods.
Author | : Andrew M. St. Laurent |
Publisher | : "O'Reilly Media, Inc." |
Total Pages | : 208 |
Release | : 2004-08-16 |
Genre | : Business & Economics |
ISBN | : 0596005814 |
The book wraps up with a look at the legal effects--both positive and negative--of open source/free software licensing.
Author | : Michael Lehmann |
Publisher | : Oxford University Press |
Total Pages | : 239 |
Release | : 1993 |
Genre | : Competition, Unfair |
ISBN | : 9780198257547 |
This is the first comprehensive examination of the EC Council Directive on the Legal Protection of Computer Programs. Written by a highly qualified team of experts including lawyers, professors, and members of the EC Commission, A Handbook of European Software Law is an indispensable, easy-to-use reference that provides both an overview of the law in each jurisdiction as well as full reports from each of the EC member states. The editors address the legislative history of the Directive, its importance in the UK and as seen from the US, the international effect of the Directive, and its significance within the general European framework for the protection of intellectual property. This authoritative handbook is an invaluable reference for lawyers specializing in computer law, software law, intellectual property law, and EC law, lawyers representing computer software and hardware designers and manufacturers, as well as professors and researchers of intellectual property law.
Author | : Gregory A. Stobbs |
Publisher | : Aspen Publishers |
Total Pages | : 935 |
Release | : 2000 |
Genre | : Law |
ISBN | : 9780735514997 |
Never before has one resource broken down the process for drafting software patent specifications and claims into manageable segments. Software Patents will show you how to draft accurate, complete patent applications -- applications that will be approved and that will stand in court if challenged. it discusses what a software patent is And The legal protection it offers; who holds software patents and for what inventions; And The steps you can take to protect software inventions in the worldwide marketplace.