scholarly journals Google v. Oracle Amicus Merits Stage Brief: Vindicating IP’s Channeling Principle and Restoring Jurisdictional Balance to Software Copyright Protection

2020 ◽  
Author(s):  
Peter S. Menell ◽  
David Nimmer ◽  
Shyamkrishna Balganesh
Keyword(s):  
Copyright Protection ◽  
Software Copyright

The Hellenic Framework for Computer Program Copyright Protection Following the Implementation of the Relative European Union Directives

2013 ◽  
pp. 738-745
Author(s):  
Eugenia Alexandropoulou-Egyptiadou
Keyword(s):  
European Union ◽  
Computer Program ◽  
Copyright Protection ◽  
Legal Framework ◽  
Software Piracy ◽  
International Level ◽  
Software Copyright ◽  
Worldwide Phenomenon ◽  
The Subject ◽  
The Right

The huge financial rewards that may be gained from software sales have resulted in computer piracy, an increasing worldwide phenomenon. This situation has posed a challenge to the legislator, who has imposed regulations concerning the protection of software, both at national and international level. The following chapter focuses on the presentation of the current Hellenic legal framework on computer program copyright protection following the implementation of the relative E.U. Directives (Law 2121/1993, as amended). The chapter consists of an introduction focusing on software piracy rates and on the international legal framework of the protection; there is a unit on the right holder, being the subject of software copyright protection; a unit on the field of the protection; a unit on the rights of the author (the moral right, the property right and the resulting powers thereof), focusing on the power of software reproduction and specific cases where the lawful user can carry out acts without the author’s consent; a unit on the consequences of copyright infringement (sanctions at civil, criminal, and administrative level); a unit on the duration of the protection; and finally concluding with final remarks and recommendations.

The Hellenic Framework for Computer Program Copyright Protection Following the Implementation of the Relative European Union Directives

2012 ◽  
pp. 280-287
Author(s):  
Eugenia Alexandropoulou-Egyptiadou
Keyword(s):  
European Union ◽  
Computer Program ◽  
Copyright Protection ◽  
Legal Framework ◽  
Software Piracy ◽  
International Level ◽  
Software Copyright ◽  
Worldwide Phenomenon ◽  
The Subject ◽  
The Right

The huge financial rewards that may be gained from software sales have resulted in computer piracy, an increasing worldwide phenomenon. This situation has posed a challenge to the legislator, who has imposed regulations concerning the protection of software, both at national and international level. The following chapter focuses on the presentation of the current Hellenic legal framework on computer program copyright protection following the implementation of the relative E.U. Directives (Law 2121/1993, as amended). The chapter consists of an introduction focusing on software piracy rates and on the international legal framework of the protection; there is a unit on the right holder, being the subject of software copyright protection; a unit on the field of the protection; a unit on the rights of the author (the moral right, the property right and the resulting powers thereof), focusing on the power of software reproduction and specific cases where the lawful user can carry out acts without the author’s consent; a unit on the consequences of copyright infringement (sanctions at civil, criminal, and administrative level); a unit on the duration of the protection; and finally concluding with final remarks and recommendations.

Forensic Expertise and Judicial Expectations

2014 ◽  
pp. 83-109
Keyword(s):  
Copyright Protection ◽  
Copyright Infringement ◽  
Substantial Part ◽  
Legal Systems ◽  
Judicial Decisions ◽  
Forensic Expertise ◽  
The World ◽  
Software Copyright

This chapter primarily focuses on recommendations, suggestions, and directives from the legal systems on matters related to investigation of software copyright infringement and then presents them as positive contributory gestures by the legal systems across the world. Samples are taken from various laws, judicial suggestions and recommendations, and legal directives on copyright in order to discuss the ways in which these laws, recommendations, and directives can add credibility to the entire forensic procedure as well as value to the final forensic answers. These samples address judicial recommendations on a variety of software copyright issues such as software authorship, copyright protection of various software elements (including literal and non-literal software parts), the constitution of “substantial part,” the interpretation of software ideas, forensic exclusion policies of various unprotectable elements, “mining,” etc. The chapter concludes stressing the importance of imparting extensive cyber forensic education to judicial officers for making them fit not only to take intelligent judicial decisions but also to put forward wise judicial recommendations on software copyright infringement cases.

16. Copyright protection

2020 ◽  
pp. 271-320
Author(s):  
Ian J. Lloyd
Keyword(s):  
Copyright Protection ◽  
Computer Software ◽  
Copyright Owner ◽  
Property Law ◽  
The United Kingdom ◽  
Software Copyright ◽  
Copyright Ownership ◽  
The Law ◽  
Major Branch ◽  
Independent Work

This chapter discusses protection under the law of copyright. Topics covered include copyright basics; obtaining copyright; forms of protected work; the requirement of originality; copyright ownership; copyright infringement; the nature of copying; other rights belonging to the copyright owner; the development of software copyright; and literal and non-literal copying. The law of copyright is perhaps the major branch of intellectual property law relevant to computer software. Virtually every piece of software will be protected by copyright. The main issue concerns the extent of the protection that is offered. Computer programs are generally protected as literary works. This was appropriate in the early days where computers performed essentially functional tasks – often associated with mathematical calculations. It is arguable that modern software, which often makes extensive use of graphical images, is more akin to an artistic work than a literary one. Regardless of categorization, the courts in the United Kingdom have applied a narrow interpretation of the scope of copyright. Reproduction of the underlying code will be unlawful but replication through independent work of the effects produced by the code (often referred to a non-literal copying) will not.

An authentication strategy based on spatiotemporal chaos for software copyright protection

2015 ◽  
Vol 8 (18) ◽  
pp. 4073-4086 ◽  
Author(s):  
Lvchen Cao ◽  
Yuling Luo ◽  
Jinjie Bi ◽  
Senhui Qiu ◽  
Zhenkun Lu ◽  
...  
Keyword(s):  
Copyright Protection ◽  
Spatiotemporal Chaos ◽  
Software Copyright

9. Software

2019 ◽  
pp. 219-257
Author(s):  
Andrew Murray
Keyword(s):  
Copyright Protection ◽  
Patent Protection ◽  
Computer Software ◽  
Copyright Infringement ◽  
Patent Law ◽  
Historical Background ◽  
European Patent ◽  
Copyright Holder ◽  
Software Copyright ◽  
The Look

This chapter examines whether software should be protected by patent law or by the law of copyright, or through a sui generis form of protection. It first provides a historical background on software and copyright protection, before discussing the scope of software copyright protection and copyright infringement. The chapter then looks at several forms of copyright infringement such as offline, online, and employee piracy, and also explains the look and feel infringement by citing three cases: Navitaire v easyJet, Nova Productions v Mazooma Games, and SAS Institute v World Programming Ltd. In addition, it considers permissible acts under the UK’s Copyright, Designs and Patents Act 1988 without infringing the rights of the copyright holder, including software licences, end-user licence agreements (EULAs),. Finally, the chapter analyses cases relating to patent protection for computer software, including software patents under the European Patent Convention and the decision in Aerotel v Telco and Macrossan.

Copyright in Cyberspace

2020 ◽  
pp. 191-218
Author(s):  
Mireille Hildebrandt
Keyword(s):  
Open Source ◽  
Copyright Protection ◽  
Computer Programs ◽  
Copyright Law ◽  
Free Access ◽  
Constitutional Democracy ◽  
Computer Scientists ◽  
Software Copyright ◽  
Eu Copyright Law ◽  
Ip Law

This chapter is an introduction to the domain of intellectual property (IP) rights, notably copyright. For computer scientists, the most relevant part of copyright law concerns copyright on computer programs, or software. Copyright on software is the enabling precondition for the General Public Licence (GPL) and the open source initiative. Before discussing copyright on software, however, this chapter first investigates the position of IP law in the context of constitutional democracy and clarifies that IP law is private law. From there, the chapter provides an overview of the various types of IP that are most relevant, after which it turns to the history, objectives, and scope of copyright protection. Finally, this chapter discusses EU copyright law and the issues of open source and free access.

Sign in / Sign up

Export Citation Format

Share Document