Micro Law: a guardedly cheerful note-for a change (computer program copyright) (original) (raw)

AI-generated Abstract

This paper discusses recent developments in U.S. copyright law as it pertains to computer programs, highlighting a shift towards a more practical and common-sense approach by appellate courts. It contrasts the previous trend of vague legal interpretation with a clearer stance that favors innovation and protects startups from excessive litigation. The author reflects on specific court cases and their implications for the software industry, ultimately suggesting an optimistic outlook for future legal frameworks surrounding software copyrights.

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Symbols, Systems, and Software as Intellectual Property: Time for CONTU, Part II?

Michigan Technology Law Review, 2018

The functional nature of computer software underlies two propositions that were, until recently, fairly well settled in intellectual property law: first, that software, like other utilitarian articles, may qualify for patent protection; and second, that the scope of copyright protection for software is comparatively limited. Both propositions have become considerably shakier as a result of recent court decisions. Following Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014), the lower courts have invalidated many software patents as unprotectable subject matter. Meanwhile, Oracle America v. Google Inc., 750 F.3d 1339 (Fed. Cir. 2014) extended far more expansive copyright protection to functional software components than precedent suggested. The result of these developments has been a new period of uncertainty regarding the existence and scope of intellectual property protection for computer software. The root of the problem lies in Congress’s relative inattention to the question o...

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