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Copyright, Computer Software and the New Protectionism

1987; RELX Group (Netherlands); Linguagem: Inglês

1556-5068

Dennis S. Karjala,

Open Source Software Innovations

This article begins by exploring the nature of software as an area of technology similar to others except for the ease of its copying and distribution. Next, the traditional copyright protection available for technology is reviewed. Such traditional protection is either nonexistent or severely limited in scope, for fundamental reasons of social policy. The policy justification for affording software an increased level of protection over traditional technologies is piracy prevention, and increased software protection should be no greater than necessary to satisfy the policy goal. The article then analyzes the software cases and commentary in light of the antipiracy policy goal. The trend in the cases and much of the commentary is to protect software well beyond the level necessary to satisfy that goal, without offering a policy basis for extending protection so far. The nature of software requires that statutory interpretation and judicial citation be effected with careful reference to policy goals, as superficial application of traditional copyright analysis leads to results conflicting with optimal social policy.