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Towards A Consistent Test For Substantial Similarity Regarding Infringement Of Copyrighted Aspects Of Computer Programs, Timothy C. Smith
Towards A Consistent Test For Substantial Similarity Regarding Infringement Of Copyrighted Aspects Of Computer Programs, Timothy C. Smith
Golden Gate University Law Review
This Note will first discuss the complex nature of computer technology and the scope of copyright protection currently available for computer programs. Section III will identify the elements of a copyright infringement cause of action and highlight the critical role of the test for substantial similarity. Section IV will set out the current three-way conflict in the circuit courts regarding the appropriate test for substantial similarity in computer program infringement cases and will examine the origins, underlying justifications and practical ramifications of each test. Finally, this Note will conclude that where the subject matter of a copyright dispute is particularly …
Apple Computer, Inc. V. Franklin Computer Corporation Puts The Byte Back Into Copyright Protection For Computer Programs, Jan L. Nussbaum
Apple Computer, Inc. V. Franklin Computer Corporation Puts The Byte Back Into Copyright Protection For Computer Programs, Jan L. Nussbaum
Golden Gate University Law Review
This Note presents the areas in which the copyrightability of a computer program has been questioned and it explains the reasoning used by the Third Circuit in Franklin to reject arguments that not all computer programs are copyrightable. Although there is no longer any doubt whether a computer program may be the subject of copyright, fundamental issues involved in copyrighting a work may pose barriers to a program being protected. These issues will be discussed in light of the Third Circuit's opinion in Franklin and the future directions which copyright law may take.