| Chapter 12 – |
Legal Framework for Protecting Intellectual Property in the Field of Computing and Computer Software |
William Zucker
Scott J. Nathan
Chapter Contents:
| |
12.1 |
|
The United States Approach
|
| |
12.1.1 |
|
Concept of Proprietary Rights
|
| |
12.1.2 |
|
Copyright Law and Software
|
| |
12.1.2.1 |
|
Formulas
|
| |
12.1.2.2 |
|
First Sale
|
| |
12.1.2.3 |
|
Fair Use
|
| |
12.1.2.4 |
|
Derivative Works
|
| |
12.1.2.5 |
|
Copyright and the Issue of "Look and Feel" for Software Products
|
| |
12.1.2.6 |
|
Digital Millennium Copyright Act
|
| |
12.1.2.7 |
|
Semiconductor Chip Protection Act of 1984
|
| |
12.1.2.8 |
|
Computer Fraud and Abuse Act of 1986
|
| |
12.1.3 |
|
Patent Protection
|
| |
12.2 |
|
Application Internationally
|
| |
12.2.1 |
|
Brief Overview
|
| |
12.2.2 |
|
Agreement on Trade-Related Aspects of Intellectual Property Rights
|
| |
12.2.2.1 |
|
Trade-Related Aspects of Intellectual Property Rights and Trade Secrets
|
| |
12.2.2.2 |
|
Trade-Related Aspects of Intellectual Property Rights and Copyright
|
| |
12.2.2.3 |
|
Trade-Related Aspects of Intellectual Property Rights and Patents
|
| |
12.2.2.4 |
|
Trade-Related Aspects of Intellectual Property Rights and Anticompetitive Restrictions
|
| |
12.2.2.5 |
|
Remedies and Enforcement Mechanisms
|
| |
12.3 |
|
Piracy
|
| |
12.3.1 |
|
The Marketplace
|
| |
12.3.2 |
|
Authorized Use
|
| |
12.3.2.1 |
|
Database Protection
|
| |
12.3.2.2 |
|
Applications of Transformative and Fair Use
|
| |
12.3.2.3 |
|
Internet Hosting and File Distribution
|
| |
12.3.2.4 |
|
Web Crawlers and Fair Use
|
| |
12.3.2.5 |
|
File Sharing
|
| |
12.3.3 |
|
Authorized Access
|
| |
12.3.3.1 |
|
Computer Fraud and Abuse Act and "Without Authorization."
|
| |
12.3.3.2 |
|
Digital Millennium Copyright Act and Circumvention of Technological Protection
|
| |
12.4 |
|
Damages
|
| |
12.5 |
|
Conclusion
|
| |
12.6 |
|
Notes
|
|
|
|
