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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.
Idea or Expression?
The "Tangible Medium"
Validity and Scope
"Look and Feel"
The Clean Room Approach
Where Are We Now?
Appendix A: The Computer; Software; Translators; Operating Systems; The User Interface; Macros, Parameters, and Microcode
Appendix B: An Example of a Patent
Recommended Sources for Extended Reading