Part II of David Bainbridge's study of the copyright (computer software) amendment act 1985

The considerable amount of piracy of computer programs which has taken place recently has shaken the software industry's confidence in legal methods of protecting their products. If nothing more, the new Act should restore some of this confidence, but the industry must be prepared to take the legal measures now available. The stronger criminal sanctions provided for by section 3 of the Act emphasise the criminality of software piracy and it is hoped that the police will also begin to take software theft seriously. But there are some grey areas in copyright law as amended by the new Act; the precise scope of ‘material form’ and ‘adaptation’ are unclear - will the making of a duplicate of a program stored on magnetic cassette tape infringe copyright? A wide definition of ‘material form’ could have put protection beyond doubt whilst allowing for future developments in computer storage media. The new Act is seen as an interim measure pending a comprehensive review of copyright law (per Lord) Lucas of Chilworth, Hansard House of Lords, 10 May 1985 p. 873; he said that the Government hoped to bring forward a comprehensive Copyright Bill no later than the 1986/7 session). Furthermore, the whole area of computer storage of more traditional works of copyright such as literary and musical works, is not specifically mentioned in the new Act. Other questions such as the ownership of works including computer programs produced by or with the aid of a programmed grammed computer (first identified as being a likely problem as early as 1977 by the Whitford Committee) are not dealt with all by the Act. Lord Macmilland of Ovenden recently called for new legislation to deal with the copyright problems caused by new technology (The Times 18th September 1985 p.3), and it is hoped that full consideration will be given to the effect of computers on all forms of intellectual property when copyright law is rationalised and re-codified.     

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.     

In search of copyright author(s)

Who should be considered the author of a work protected by copyright?In recent years, there has been an expanding critical literatureexamining notions of authorship and the role of the author inthe creative process, often leading to suggestions for waysin which the copyright framework might be recalibrated to recognizecollective effort. This book by Lior Zemer is an excellent additionto those works. Eloquently written and skilfully referenced in the eight chaptersthat make up Zemer's book, its key aim is to persuade the readerthat the individual and the public should be seen as joint authorsof creative works. In making his arguments, he takes us froma Conceptual Challenge (Chapter 2) to a     

South African Supreme Court rules on copyright in software and computer-generated works

The South African Supreme Court of Appeal considers a numberof fundamental issues concerning copyright protection of computerprograms and computer-generated works; in doing so, the courtanalyses a number of basic copyright principles, notably themeaning of originality and the meaning of ‘substantialtaking’ in infringement cases.     

浅析软件授权合同与著作权保护之关系

一、引言 随着第三次科技革命的深入,人类的生存方式产生 了巨大的变化。数字技术和网络相结合使作品的 传播具有了不同以往的特征,使作品可以被无限 次数地重复制作与传播,而且复制品传输的速度非常快。     

CONTU revisited: the case against copyright protection for computer programs in machine-readable form

Professor Samuelson casts a critical eye on the Final Report of the National Commission on New Technological Uses of Copyrighted Works (CONTU) which recommended that copyright protection be extended to machine-readable versions of computer programs. CONTU appears to have misunderstood computer technology and misinterpreted copyright tradition in two significant respects. The Commission failed to take into account the historical importance of disclosure of the contents of protected works as a fundamental goal of both the copyright and patent laws. It also erroneously opined that the utilitarian character of a work was no bar to its copyrightability when both the statute and the case law make clear that utilitarian works are not copyrightable. Since computer programs in machine-readable forms do not disclose their contents and are inherently utilitarian, copyright protection for them is inappropriate. Congress acted on CONTU's recommendation without understanding the significance of these conceptual flaws. Professor Samuelson recommends the creation of a new form of intellectual property law specifically designed for machine-readable programs.     

Overprovision and the licensing (Scotland) act 1976

This paper examines Scottish licensing law, in particular the granting of licenses to supply alcoholic liquor. Any application for a license must be granted unless one or more of four conditions are fulfilled. One of these, that the award would lead to overprovision, is the central concern of this study. The paper does not investigate why the consumption and distribution of alcohol are regulated nor why regulatory control takes the form it does. ¹ The starting point is rather that regulation exists and takes a particular form. Attention is focused on the operation of this regulatory control and with how it might be improved.In the next section, some of the key features of the licensing law and its appeals are reviewed, establishing the importance of evidence of the presence or otherwise of overprovision. Section II discusses the use of density of licensed premises as a measure of provision, indicates the problems, and argues that a measure might be refined and validated by entering it in an equation explaining the retail price of alcoholic beverages. Section III examines empirically the relationship between price and licensing density.