Copyright Protection For Software Research Articles

Current Topics on Software Use in Medicinal Chemistry: Intellectual Property, Taxes, and Regulatory Issues

In recent times, there has been an increased use of software and computational models in Medicinal Chemistry, both for the prediction of effects such as drug-target interactions, as well as for the development of (Quantitative) Structure-Activity Relationships ((Q)SAR). Whilst the ultimate goal of Medicinal Chemistry research is for the discovery of new drug candidates, a secondary yet important outcome that results is in the creation of new computational tools. The adoption of computational tools by medicinal chemists is sadly, and all too often accompanied, by a lack of understanding of the legal aspects related to software and model use, that is, the copyright protection of new medicinal chemistry software and software-mediated discovered products. This article aims to provide a reference to the various legal avenues that are available for the protection of software, and the acceptance and legal treatment of scientific results and techniques derived from such software. An overview of relevant international tax issues is also presented. We have considered cases of patents protecting software, models, and/or new compounds discovered using methods such as molecular modeling or QSAR. This paper has been written and compiled by the authors as a review of current topics and trends on the legal issues in certain fields of Medicinal Chemistry and as such is not intended to be exhaustive.

What is the impact of software patent shifts? Evidence from Lotus v. Borland

Economists have debated the extent to which strengthening patent protection spurs or detracts from technological innovation. This paper examines the reduction of software copyright protection in the Lotus v. Borland decision. If patent and copyright protections are substitutes, weakening of one form should be associated with an increased reliance on the other. We find that the firms affected by the diminution of copyright protection disproportionately accelerated their patenting in subsequent years. But little evidence can be found for any harmful effects on firms' performance and incentive to innovate: in fact, the increased reliance on patents is correlated with growth in measures such as sales and R&D expenditures.

Revisiting the Manifesto and Rolling Back Computer Software Copyrights

During the 1990s, courts and legislatures worldwide extended copyright protection to software code as a form of literary work. At the time this was understandable given the perceived need for legal protection to promote innovation in a fledgling industry in the wake of the personal computer revolution. However, many criticized this approach as paradoxically contributing to both over-protection and under-protection in the computer software industry. The ensuing decade has shown these criticisms to have been well-founded, both due to concerns that were apparent at the time, and now to more recent developments in programming methodology and digital copyright law. This article suggests that there is today a pressing need to revisit the question of copyright protection for computer software with a view to abolishing such protection. Factors that contribute to this suggestion include: (a) important developments in programming methodology in recent years including object-oriented approaches to programming; (b) the advent of effective contractual and digital rights management (DRM) measures to protect computer code; and, (c) the impact of the Digital Millennium Copyright Act (DMCA) on digital copyright law and practice. This article suggests that copyright protection for software code is no longer necessary in the 21st century and potentially chills innovation. It should therefore be discontinued. Other more appropriate legal and technological protections are now available for software code outside the copyright context.

What is the Impact of Software Patent Shifts?: Evidence from Lotus v. Borland

Economists have debated the extent to which strengthening patent protection spurs or detracts from technological innovation. This paper examines the reduction of software copyright protection in the Lotus v. Borland decision. If patent and copyright protections are substitutes, weakening of one form should be associated with an increased reliance on the other. We find that the firms affected by the diminution of copyright protection disproportionately accelerated their patenting in subsequent years. But little evidence can be found for any harmful effects: in fact, the increased reliance on patents is correlated with growth in measures such as sales and R&D expenditures.

Copyright Protection of Software in an Off-Patent Medical Device: Is It Extending a Patent Monopoly?

Biotechnology Law ReportVol. 20, No. 4 PapersCopyright Protection of Software in an Off-Patent Medical Device: Is It Extending a Patent Monopoly?Larry JohnsonLarry JohnsonSearch for more papers by this authorPublished Online:5 Jul 2004https://doi.org/10.1089/07300310152543943AboutSectionsPDF/EPUB ToolsPermissionsDownload CitationsTrack CitationsAdd to favorites Back To Publication ShareShare onFacebookTwitterLinked InRedditEmail FiguresReferencesRelatedDetails Volume 20Issue 4Aug 2001 To cite this article:Larry Johnson.Copyright Protection of Software in an Off-Patent Medical Device: Is It Extending a Patent Monopoly?.Biotechnology Law Report.Aug 2001.537-545.http://doi.org/10.1089/07300310152543943Published in Volume: 20 Issue 4: July 5, 2004PDF download

The legal status of reverse engineering of computer software

Reverse engineering of computer software has assumed greater importance in recent years because of the need to examine legacy code to remove the year 2000 bug. There are different types of reverse engineering based on the level of abstraction of the code to be reengineereds machine code, assembly code, source code or even CASE code. We describe the different types of reverse engineering and the extent of copyright protection for software. The most common uses of reverse engineering are described. This provides for a comparative overview of the legal standing on reverse engineering at the international level. We propose challenges to the global electronic community in relation to existing and future legislation in the area of reverse engineering and protection of digital works.

The role of standardization and interoperability in copyright protection of computer software

Copyright protection for computer software often presents a contradiction between law and the desired public policy that is the law's inspiration. The law provides incentives to individuals to create intellectual property by protecting authors through monopolistic controls on copying and distributing the authors' work. Conferring too much protection, however, may reduce incentives to create competitive products in the same market, defeating the law's constitutional purpose of encouraging the “Progress of Science and the useful Arts.” Two characteristics of computer software, technical standards and interoperability, compound this contradiction. Using economic literature on standards and the recent line of Lotus v. Borland cases, this article examines the role of standardization and interoperability in copyright protection of computer software, and suggests a part for the fair‐use defense in such cases.

The Last Place in the World - Copyright Protection for Computer Software in New Zealand

Computer technology - whether it is hardware, software or the internet - is the headache that just won't go away for anyone grappling with the law of intellectual property. With the Copyright Act 1994, the New Zealand legislature attempted to meet some of the challenges but it largely avoided the issue, passing the headache onto the judiciary should any tricky issues arise. One such issue is copyright protection for computer programs. The Copyright Act 1994 makes it clear that computer programs are protected as a literary work but how far does that protection extend (or how far do we carry the fiction that a computer program is literary work)? This article attempts to second guess what level of protection our courts might provide. It argues that New Zealand has shown a willingness to protect functional items and would protect the "look and feel" of a program, providing a level of protection which courts in the United States have considered undesirable.

Intellectual Property Rights: The Software Market and Copyright Protection in Hungary

The paper refers to two main types of personal rights: intellectual property rights and the right to personal data security. Legal aspects and regulations are examined in the light of experience in Hungary.

Informatics in Uruguay

As the world economy becomes more interdependent and informatics costs decline, studies of informatics in developing countries have become increasingly important for reasons other than curiosity. This paper reports on a field study of informatics conducted in Uruguay. In addition to public and private sector analysis of interview and questionnaire data, we examine three infrastructure elements: telecommunications, education, and the legal system with respect to software copyright protection.

Patent, copyright and trade secret protection for software

Crucial to the value of computers has been the development of software. Software development can require many hours of programming work. Typically, complex software is developed by a team of engineers and computer scientists working on separate modules, later assembled into the complete routines of a program. The development of computer programs requires the investment of considerable human, technical, and financial resources. Just as clear is the fact that programs can be copied for a fraction of the cost needed to develop them independently. Thus, legal protection is important not only to facilitate commercialization of software, but also to discourage unauthorized counterfeiting and modification of programs. Essentially there are only three ways to protect computer software under the law: patent it, register a copyright for it, or keep it as a trade secret. Each of these separate types of legal protection creates a monopoly that is, an exclusive right to use or to prevent others from using the protected subject matter. >

Patent, copyright and trade secret protection for computer software

Several ways to protect software are examined. Patents confer a limited monopoly, which protects the patent holder against all later independent developers of the same or equivalent program. Utility-patent applications typically require several thousand dollars in fees and costs prior to issuance of the patent. Design-patent applications are relatively much cheaper to file and process through the Patent Office. Copyright protects the literal code, and possibly the programs' structure and organization, against copying. Copyright registration applications can usually be prepared for a few hundred dollars, including any attorney time. Trade-secret protection for software is a viable alternative, if the program cannot be easily copied by purchasers. The cost for protecting a trade secret depends on the measures necessary to keep the information from general public disclosure. >

Copyright protection of software in Australia

Copyright protection of software in Australia

Legal Protection of Computer Software in Major Industrial Countries: A Survey of Copyright and Patent Protection for Computer Software

Legal Protection of Computer Software in Major Industrial Countries: A Survey of Copyright and Patent Protection for Computer Software

Software protection under patent and copyright

An historical overview is presented of legal cases that considered patent and copyright protection for software. It is noted that, while patent protection was unsettled in the early years, it has been stable in recent years. In contrast, copyright protection, which was settled in the early years, is now expanding rapidly. >

New Developments in Copyright Protection of Computer Software

The scope of copyright protection for computer programs has proven to be a vexing issue for the courts. Over the past year, several courts focused on the issue and reached different results. This article will give background and then review and comment upon the newest decisions.

Copyright Protection of Software in the EEC: The Competing Policies Underlying Community and National Law and the Case for Harmonization

Copyright Protection of Software in the EEC: The Competing Policies Underlying Community and National Law and the Case for Harmonization

Copyright Protection of Software in the EEC: The Competing Policies Underlying Community and National Law and the Case for Harmonization

Copyright Protection of Software in the EEC: The Competing Policies Underlying Community and National Law and the Case for Harmonization

Defining the Scope of Copyright Protection for Computer Software

Defining the Scope of Copyright Protection for Computer Software

The problems and perspectives of copyright protection for computer software in English law

The problems and perspectives of copyright protection for computer software in English law