Download or read book Intellectual Property Rights in Computer Programs in the USA and Germany written by Klaus Lodigkeit and published by Peter Lang Pub Incorporated. This book was released on 2006-01-01 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author provides an overview and comparison of software protection law in two countries whose technological expertise had important influence on the digital information age - the United States and Germany. The book shows software protections under trade secrets, copyright law and patent law in the USA and Germany and also the interaction of these laws in both countries. It is a contribution to the field of comparative computer software law and will be helpful to lawyers who advise software owners and developers for the German and American markets. It is also helpful to lawyers unfamiliar with intellectual property law in general, who wish to understand the fundamental concepts of these laws for computer software.
Download or read book What is Protected in a Computer Program written by Josef Drexl and published by Wiley-VCH. This book was released on 1994-11-29 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Copyright Protection of Computer Programs in the Federal Republic of Germany written by Lieck Betten and published by . This book was released on 1986 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Computer software intellectual property written by United States. Congress. Office of Technology Assessment and published by DIANE Publishing. This book was released on 1990 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Copyright Law and Computer Programs written by Jisuk Woo and published by Routledge. This book was released on 2014-06-03 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Legal Protection of Computer Programs Under German Law written by Brunhilde Steckler and published by . This book was released on 1994 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Computers and Intellectual Property written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Intellectual Property, and the Administration of Justice and published by . This book was released on 1991 with total page 974 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Foreign Protection of Intellectual Property Rights and the Effect on U S Industry and Trade written by and published by . This book was released on 1988 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Protection for Computer Implemented Inventions written by Sabine Kruspig and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a result of the incorporation of computer software into countless commercial and industrial products, the patentability of software has become a vital issue in intellectual property law. This indispensable book provides an overview on the current status of computer-implemented inventions in patent law across Europe and major jurisdictions worldwide. A hugely practical field research tool with guidance based on case law, it examines the major hurdles in each particular country and describes the best practice to be adopted. Clearly showing how enforceable software patent applications can be competitively drafted and how a patent portfolio for computer-implemented inventions can be established in several countries without spending money unnecessarily on problematic examination proceedings, this book covers such issues and topics as the following: • claim categories for patent applications; • sufficient level of abstraction/breadth of the claimed invention; • fundamental terms of computing and terminological traps; • probability for patents dependent on software application areas; and • patents in core areas of computing. With separate chapters for the key countries, Germany, the United Kingdom, France, the United States, China, Korea, Japan, India, and the European Patent Office the legal situation for computer-implemented inventions in each country or region, this book includes guidance on prosecution under national law, analyses of relevant court decisions, practice checklists, and an outlook on future developments.. The authors describe claim formulation based on actual cases and on principles of computer science in order to show what might be or might not be patentable in each jurisdiction. With this incomparable resource, patent attorneys and patent professionals in companies will get a basis for making decisions about the most appropriate jurisdictions in which to file patent applications. This book will also be of great value to computer professionals who are affected by the protection of software or who are actively involved in the protection of software by patent law.
Download or read book Copyright Protection for Intellectual Property to Enhance Technology Transfer written by United States. Congress. House. Committee on Science, Space, and Technology. Subcommittee on Science, Research, and Technology and published by . This book was released on 1990 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Software Interface Between Copyright and Competition Law written by Ashwin van Rooijen and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book A Defense of Intellectual Property Rights written by Richard A. Spinello and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is well provided with detailed references/bibliography for those who want to pursue the matter. . . The authors have effected a very thorough analysis of the moral issues and the book is strongly recommended for that reason. . . Brian Spear, World Patent Information This book should change the contours of the intellectual property debate. Spinello and Bottis fully appreciate what the standard instrumentalist accounts of intellectual property cannot even acknowledge that the lives and liberty of creators and artists are not the common property of society, and that it is intrinsically wrong to treat the efforts and projects of individuals as if they were unowned resources reaped as the fruit of the earth. Their work should help to reorient discussion of IP from an excessive concern with the economic and social consequences of competing policies back to the bedrock issues of basic respect for the integrity of our various particular lives and the labor that constitutes those lives. At the same time, they studiously avoid the unserious extremism that characterizes so much of the debate on every side, recognizing that respecting the lives and liberty of all sets real boundaries on the proper scope and stringency of IP claims, ruling out overzealous enforcement and radical repudiation alike. Richard Volkman, Southern Connecticut State University and Research Center on Computing and Society, US Since the rise of the Internet the question of intellectual property has been and still is one of the most controversial societal and ethical issues. The new global, interactive and bottom-up medium challenges moral, legal and economic structures not only in the music and film industry but also in the field of knowledge production, storage, distribution and access. The academic debate soon became and is still polarized between critics and defenders of IPR. The book by Richard A. Spinello and Maria Bottis A Defense of Intellectual Property Rights analyses in a critical and comprehensive manner some of the dogmas widely spread by the critics of IPR paying special attention to the differences between EU and European legal regimes. The authors explore the foundations of IP in Lockean philosophy, as a representative of a natural law approach, as well as in the theories of Fichte and Hegel based on deontological arguments. Both perspectives prevail in European law while American property law is widely based on utilitarian arguments. The authors argue in favor of Lockean and Hegelian foundations showing their relevance in the present debate as well as calling the attention to the link between these theories and the Catholic social doctrine. The book is an important contribution to this ongoing debate. Rafael Capurro, Stuttgart Media University, Germany Richard A. Spinello and Maria Bottis defend the thesis that intellectual property rights are justified on non-economic grounds. The rationale for this moral justification is primarily inspired by the theory of John Locke. In the process of defending Locke, the authors confront the deconstructionist critique of intellectual property rights and remove the major barriers interfering with a proper understanding of authorial entitlement. The book also familiarizes the reader with the rich historical and legal tradition behind intellectual property protection.
Download or read book A comparison of copyright law between the USA Australia and Germany with particular reference to the capture of electronic music files for personal use written by Bärbel Bohn and published by GRIN Verlag. This book was released on 2005-07-13 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2005 in the subject Law - Media, Multimedia Law, Copyright, grade: 1,4, Bond University Australia, language: English, abstract: Copyright is the term for a bundle of exclusive rights given by law to the owner of the copyright. Basically the copyright Law is supposed to maintain a fair balance between providing users with reasonable access to the growing information economy on the one hand, and providing recognition and rewards for creators on the other. With the technological progress the importance of copyright Law increased. It became very easy and popular to infringe copyright by using the new technological inventions – such as CD-burner etc and Internet. The protection of copyright is nowadays not just a national issue anymore as the world becomes more addicted to the internet every day. Infringement of copyright in sound recordings is one of the most common infringements. Nowadays you can see the term “mp3” everywhere. DVD-players can play mp3s, there is special software for your computer to play mp3s, there are special players like ipods or even smaller players which are just the size of a lighter and even your mobile phone can play mp3s now. But what is exactly is mp3? This paper compares copyright law between the USA, Australia and Germany with particular reference to the capture of electronic music files for personal use. There are many ways of capturing mp3s – such as downloading them from the internet, using filesharing software e.g. kazaa or converting music files from a CD into mp3s.
Download or read book Finding a Balance written by and published by Office of Technology Assessment. This book was released on 1992 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report, prepared by the Office of Technological Assessment (OTA) in response to a request from the House Committee on the Judiciary, examines the rapid and complex technological changes and trends in computer software technologies and their possible effects on the nation's intellectual property system. The three policy issues identified are: (1) the appropriate scope of copyright protection for computer software; (2) patent protection for software-related inventions and algorithms and how the U.S. Patent and Trademark Office will handle these types of applications; and (3) complications facing libraries and commercial and private producers and users of digital information, including computer-based mixed media products. A summary of this report is published separately which contains information found in the first chapter of the complete report. The complete report is divided into six chapters: (1) Summary, Issues, and Options; (2) The Law (patents, copyright, and trade secret law); (3) The International Arena; (4) Software Technology and the Law; (5) Digital Information and Copyright (print and nonprint electronic publishing); and (6) Economics, Intellectual Property and Software. Three appendixes provide a review of selected computer hardware and software initiatives overseas; an analysis of the European Economic Community Treaty and its structure and function; and a list of workshop participants and reviewers. The names of the members of the Congressional Advisory Panel and the OTA project staff are also provided. (ALF).
Download or read book Spares Repairs and Intellectual Property Rights written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although supplying spare and replacement parts and providing repair services form the basis of many legitimate businesses, many manufacturing enterprises seek to augment the competitive advantage realized at the market stage of selling their main products by attempting to monopolize the market for spares, repairs and refills. Increasingly, companies are using intellectual property laws to devise up-front business strategies to gain exclusive rights in the components of their products. This is the first in-depth analysis of the law in this relatively new and rapidly developing area of practice. It sheds clear light on the conflicting interests of manufacturers, consumers, spare parts makers and the general public; explores the extent to which this kind of business strategy can be more or less successful with respect to the different rights involved, and in different jurisdictions; and highlights the competition issues that inevitably arise. The essays included are revised and updated versions of papers presented at the seventh (2006) of the innovative IP conference organized annually by the Macau Institute of European Studies (IEEM) on intellectual property law and the economic challenges for Asia. Among the topics and issues covered are the following: ; notions of andrepairand and andrecycleand and their legal effects; the limits of IP rights in relation to repair and recycle; legal limits of end user licence agreements (EULAs) and technological protection measures (TPMs); patent exhaustion on repair and recycling; alteration of product andidentityand; the concept of andindirectand or andcontributoryand infringement; design law strategies; and secondary market definitions. The authors give detailed attention to cases in various jurisdictions that have guided and continue to guide business strategies in the field. Jurisdictions treated include the EU, the US, the UK, Germany, the Netherlands, China, Hong Kong, Japan, and Korea. In its clarification of the limits and possibilities of business strategies in this area of competition that is just beginning to attract attention, this book will be of great value not only to intellectual property law practitioners but to business people in nearly any field of production, especially where cross-border marketing is involved.
Download or read book International Copyright in Computer Program Technology written by Brian Bandey and published by Gaunt. This book was released on 1996 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: By taking readers through the processes by which software is developed and operates, the author is able to highlight the various stages at which copyright issues may arise and to suggest solutions to them. In the world of information technology, all lawyers advising the company and corporate sectors are increasingly finding that they are faced with issues of computer program copyright protection that demand from them an understanding of both developing technologies and law. This definitive text examines all of the principal technologies employed in the development, manufacture, use and general exploitation of computer programs, and thereafter deploying the Law of Copyright (in the UK, USA and within the EU). Whatever the size of company involved, this work provides clear insight into a complex area of law, impacting on all critical areas of company, commercial and industrial practice.
Download or read book Reprint from the American Journal of Comp Law Vol Xxx 1982 Supp written by Peter B. Maggs and published by . This book was released on 1982 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt:
