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Software Copyright Tag

BananaIP Counsels > Posts tagged "Software Copyright"

Intellectual Property Protection for Computer Programs – Part III

This post was published on September 01, 2014.

 

In continuation to the previous post in this series, we will today be looking into copyright protection of computer software. As discussed in the previous post, Copyright Law came as an answer to the protection of computer programs at a time when the importance of Trade Secret Law for the same was dwindling.

A computer program, being composed of source codes can be brought under the ambit of literary works in Copyright Law. The basic principle governing Copyright Law is the idea / expression dichotomy. As per this principle, Copyright Law only protects the expression of ideas and not the ideas per se. While talking about the principle of the idea / expression dichotomy, it should be admitted that there has always been a lack of clarity regarding what constitutes an idea and what constitutes an expression. This inherent lack of clarity in Copyright Law combined with the complexity of a computer program prevents Copyright Law from being an effective system of protection.

Intellectual Property Protection for Computer Programs – Part I

This post was first published on 28th August, 2014.   A computer program is an intellectual creation and can be protected by Intellectual Property (IP) Law, particularly by Copyright and Patent Laws. The manner of IP protection for computer programs is a hot topic of debate, primarily due to the fact that current IP regimes are not effective in dealing with their protection comprehensively. There is a lot of ambiguity with regard to their protection because of the technical complexities in computer programs and the difficulty in integrating them with existing IP laws. Software does not fit comfortably into established legal categories. For instance, there is a lot of...

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Intellectual Property Protection for Computer Programs – Part IV

This image depicts compilation of source code of a program. This image is relevant as the post is about Intellectual property protection for programs. Click on the image for more information

This post was first published on 15th October, 2014.   In the final post of this series, we shall be looking into the concept of software patents and examining the extent to which patent law is effective in protecting computer programs. As mentioned earlier, protection of computer programs under the Copyright Law is limited to the protection of the literal elements of a computer program, i.e., the source code and the object code, and does not extend to the underlying idea and functional elements of the software. A patent, on the other hand, grants a more secure protection than Trade Secret or Copyright,...

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Intellectual Property Protection for Computer Programs – Part II

The image has green lines over black background to indicate digital information. The image is relevant as the post is about IP protection of Computer Programs. Click on image to view post.

This post was first published on 1st September, 2014.   In continuation to the previous post in the series, we shall now be looking into the system of IP protection for computer programs that existed prior to the adoption of Copyright and Patent Laws. Though it can be said that Copyright and Patent Laws are the more popular systems of IP protection for computer programs, it was Trade Secret Law that was initially resorted to for the protection of software, primarily because, previously, computer programs bundled with systems, were not sold through retail channels of distribution. Manufacturers could protect their technology through contractual agreements and Trade Secrets....

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