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I Programmi Per Elaboratore E I Confini Del Diritto D'Autore. La Corte Di Giustizia Nega La Tutela A Funzionalità, Linguaggio Di Programmazione E Formato Dei File Di Dati (Computer Programs And The Boundaries Of Copyright: The Court Of Justice Denies Protection To Functionalities, Programming Language And Formats Of Data Files), Guido Noto La Diega
Guido Noto La Diega
A comment to the Sas Institute Inc. v. World Programming Ltd case [Court of Justice, Grand Chamber, 2 May 2012, C-406/10]. It is one of the most important European decisions in the field of computer programs and it is notable both from a practical and a theoretical point of view. The European Court of Justice denies protection to functionalities, programming language and format of data files, because they have to be considered as 'ideas' and not as 'expression'. The idea/expression dichotomy, often called into question especially in software copyright, is placed at the core of a not anymore ignorable, both …
Patent Trolls Among Us, Kent R. Acheson
Patent Trolls Among Us, Kent R. Acheson
Kent R Acheson
As Acheson (2012) suggested in A Study of the Need to Change United States Patent Policy, software should not be patented, but the Intellectual Property Rights should be protected in another manner that does not entail a Copyright, Trademark, or secrecy. A new form of protection should be created based on certain criteria, such as useful life of a patent, incremental innovation, value to society, and or value to life. Congress should devise a shorter-term idea protection specifically for the sequential or disruptive innovation, but not on the product.