Recent United States and International Developments in Software Protection: Part II
European Intellectual Property Review, Vol. 16, p. 58, 1994
9 Pages Posted: 4 Sep 2009
Date Written: 1994
The first part of this article set forth a theoretical framework for interpreting copyright law in application to computer software based on program vulnerability to misappropriation. It then applied that framework to an analysis of new developments in the problem of program reverse engineering. This part analyzes the remaining two important problems now facing the courts, namely, the scope of copyright protection in a computer program and the copyright protection of user interfaces.
Although the year 1992 showed important advances in US judicial thinking the copyright protection of computer software, more effort will be required before judges generally understand that copyright should not be used to protect all technological creativity and that in fact the copyright protection of functional aspects of technological works like computer programs or user interfaces must be limited by principles that prohibit misappropriation but permit ongoing technological advance.
Keywords: Copyright, Computer Program, User Interfaces
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