A succinct, readable survey of the critical issues and cases in copyright and patent law applied to computer software, intended for computer professionals, academics, and lawyers.
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.
Introduction
Legal Issues
Idea or Expression?
Software Patents
The "Tangible Medium"
Validity and Scope
Infringement
Substantial Similarity
"Look and Feel"
Reverse Engineering
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
Index
Reviews
...this work succeeds in its aim to please a diverse readership. It is an excellent resource for curious international readers seeking an understanding of current developments greater than that available from popular press reports. It is a vital tool for any legal, computing or information management professional.—Australian Library Review
Endorsements
From his explanation of the code of 0's and 1's, the formatting of instructions and the history of computer languages through the function of operating system programs and the writing and processing of application programs, the reader is led from the seemingly simple to the obviously complex in a seamless style yielding constant illumination. Professor Galler's book is proof that the power of clear statement is the ultimate gift of the great teacher.—Jack E. Brown, founding partner Brown & Bain