Author: Jisuk Woo
Publisher: Routledge
ISBN: 1135694826
Category : Business & Economics
Languages : en
Pages : 260
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Book Description
This book analyzes U.S. federal cases on the copyright protection of computer software programs, to examine the role of communication in legal decision making process. It is the first to apply Anthony Giddens' theory of structuration to analyze law in a systematic and empirical way. Previous studies considered law to be independent, objective and neutral, and even those that considered social structures and actors focused on economic and political factors. Employing the framework of the author, the work, and the use, this study attempts to show how relationships and struggles of the parties are actually manifested through communication, and how the strategic communication of the parties influences the structural environment of copyright law. There has been a long-running debate over whether and how the copyright law, evolved from the era of the print technology, should be applied to computer programs, a new work of authorship. Contrary to some cautionary arguments that modern copyright law tends to protect copyright holders while disregarding authors' rights, the struggle between developers and non-developers, rather than between copyright holders and non-copyright holders, was clearly manifested in legal arguments. The construct of authorship has been modified, yet remained central in copyright discourse. On the other hand, the concept of the use, despite the significance of users in copyright regime, has yet to be developed to play an important role in the legal arguments. Moreover, the factor of whether the party was a developing entity, was found to be a single most important factor influencing the courts' decisions. But only when the party could successfully present itself as the one involved with developing activities, the court was more likely to accept its argument than the other party's. Therefore, it was the legitimacy gained by communicating the nature of the party, rather than the nature of the party itself, that made the difference in the ways the courts made decisions. This book presents how, in this process of strategic communication, the structure of copyright law was reproduced and transformed.
Author: David I. Bainbridge
Publisher:
ISBN: 9780406921840
Category : Computer software
Languages : en
Pages : 389
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Book Description
Software Copyright Law provides expert guidance on all the significant developments in UK law relating to copyright protection of computer software. This new edition also considers the trend of US cases in relation to "look & feel" & covers issues on the growing software piracy market in the UK. Issues are brought to life using fictional examples to illustrate points of principles & covering areas such as copyright, confidentiality, contract & patents, with an analysis of the main US & UK cases. Thoroughly updated, the book takes account of new European developments including the Database Directive & a UK Government White Paper on the importance of rights in information copyright law. The book also examines a number of recent cases e.g. Microsoft v Electro-Wide & Creative Technology v Aztec.
Author: Van Lindberg
Publisher: "O'Reilly Media, Inc."
ISBN: 1449391109
Category : Computers
Languages : en
Pages : 394
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Book Description
"Clear, correct, and deep, this is a welcome addition to discussions of law and computing for anyone -- even lawyers!"-- Lawrence Lessig, Professor of Law at Stanford Law School and founder of the Stanford Center for Internet and Society If you work in information technology, intellectual property is central to your job -- but dealing with the complexities of the legal system can be mind-boggling. This book is for anyone who wants to understand how the legal system deals with intellectual property rights for code and other content. You'll get a clear look at intellectual property issues from a developer's point of view, including practical advice about situations you're likely to encounter. Written by an intellectual property attorney who is also a programmer, Intellectual Property and Open Source helps you understand patents, copyrights, trademarks, trade secrets, and licenses, with special focus on the issues surrounding open source development and the GPL. This book answers questions such as: How do open source and intellectual property work together? What are the most important intellectual property-related issues when starting a business or open source project? How should you handle copyright, licensing and other issues when accepting a patch from another developer? How can you pursue your own ideas while working for someone else? What parts of a patent should be reviewed to see if it applies to your work? When is your idea a trade secret? How can you reverse engineer a product without getting into trouble? What should you think about when choosing an open source license for your project? Most legal sources are too scattered, too arcane, and too hard to read. Intellectual Property and Open Source is a friendly, easy-to-follow overview of the law that programmers, system administrators, graphic designers, and many others will find essential.
Author: Ashwin van Rooijen
Publisher: Kluwer Law International B.V.
ISBN: 9041131930
Category : Law
Languages : en
Pages : 314
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Book Description
The success of computer programs often depends on their ability to interoperate ' or communicate ' with other systems. In proprietary software development, however, the need to protect access to source code, including the interface information
Author: Josef Drexl
Publisher: Wiley-VCH
ISBN:
Category : Computers
Languages : en
Pages : 152
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Book Description
The first few years of the 90s have been extremely important for the development of software copyright both in the United States and Europe. In the United States, major decisions redefined the idea/expression dichotomy in different cases. In Europe, countries are still in the process of harmonizing their national laws with the EC Software Directive. The study compares traditional and evolving copyright standards as applied to computer programs on both sides of the Atlantic. It may well be said that recent case law has brought America closer to Europe. On the other hand, American experience turns out to be a useful guideline for distinguishing between the concepts of idea and expression in the sense of the software directive.
Author: M. J. Salone
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 252
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Book Description
Textbook commenting on copyright legislation in the USA pertaining to computer programmes - discusses protection of derivative works, copyright duration, registration, deposit requirements, international agreements (Universal Copyright Convention, Berne Convention, etc.), and other law providing supplementary protection.
Author: Lawrence E. Rosen
Publisher: Prentice Hall
ISBN:
Category : Computers
Languages : en
Pages : 436
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Book Description
"I have studied Rosen's book in detail and am impressed with its scope and content. I strongly recommend it to anybody interested in the current controversies surrounding open source licensing." --John Terpstra, Samba.org; cofounder, Samba-Team "Linux and open source software have forever altered the computing landscape. The important conversations no longer revolve around the technology but rather the business and legal issues. Rosen's book is must reading for anyone using or providing open source solutions." --Stuart Open Source Development Labs A Complete Guide to the Law of Open Source for Developers, Managers, and Lawyers Now that open source software is blossoming around the world, it is crucial to understand how open source licenses work--and their solid legal foundations. Open Source Initiative general counsel Lawrence Rosen presents a plain-English guide to open source law for developers, managers, users, and lawyers. Rosen clearly explains the intellectual property laws that support open source licensing, carefully reviews today's leading licenses, and helps you make the best choices for your project or organization. Coverage includes: Explanation of why the SCO litigation and other attacks won't derail open source Dispelling the myths of open source licensing Intellectual property law for nonlawyers: ownership and licensing of copyrights, patents, and trademarks "Academic licenses" BSD, MIT, Apache, and beyond The "reciprocal bargain" at the heart of the GPL Alternative licenses: Mozilla, CPL, OSL and AFL Benefits of open source, and the obligations and risks facing businesses that deploy open source software Choosing the right license: considering business models, product architecture, IP ownership, license compatibility issues, relicensing, and more Enforcing the terms and conditions of open source licenses Shared source, eventual source, and other alternative models to open source Protecting yourself against lawsuits
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309043441
Category : Computers
Languages : en
Pages : 128
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Book Description
Software is the product of intellectual creativity, but protection of the intellectual property residing in software is the subject of some controversy. This book captures a wide range of perspectives on the topic from industry, academe, and government, drawing on information presented at a workshop and forum.
Author: G. Gervaise Davis
Publisher: Van Nostrand Reinhold Company
ISBN:
Category : Law
Languages : en
Pages : 408
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Book Description
Author: United States. Congress. Office of Technology Assessment
Publisher: DIANE Publishing
ISBN: 142892177X
Category : Computer software
Languages : en
Pages : 34
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Book Description
