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Recent Developments In Copyright Protection For Computer Software In The United States And Japan, Yutaka Nakamura
Recent Developments In Copyright Protection For Computer Software In The United States And Japan, Yutaka Nakamura
Washington International Law Journal
Many current legal issues pertaining to copyright of computer software involve defining the scope of protection of non-literal expression, such as "user interface" and "look and feel," in contrast to literal expression, such as "source code," to which ownership may be more clearly attributed. Superficially, it appears that the case law pertaining to non-literal expression is developing differently in Japan and the United States. This comment demonstrates that, however, while Japanese and U.S. courts have been applying formally different analytical criteria, the decisions of both have been similar in seeking equity-oriented solutions.
A Square Peg In A Round Hole: The Proper Substantial Similarity Test For Nonliteral Aspects Of Computer Programs, David A. Loew
A Square Peg In A Round Hole: The Proper Substantial Similarity Test For Nonliteral Aspects Of Computer Programs, David A. Loew
Washington Law Review
Since the Third Circuit's decision in Whelan Associates, Inc. v. Jaslow Dental Laboratory, Inc. expanded copyright protection to include the nonliteral aspects of computer programs, courts have struggled to find a way to properly determine substantial similarity between programs, a necessary element of copyright infringement. In the Third Circuit, courts dissect competing programs and compare them in a one-step procedure. The Ninth Circuit uses a two-part process to objectively, and then subjectively, compare program elements. In Computer Associates International, Inc. v. Altai, Inc. the Second Circuit recommended a three-part substantial similarity test to filter out unprotectable elements and compare the …
The Case Against Copyright Protection For Programmable Logic Devices, Stephen C. Bishop
The Case Against Copyright Protection For Programmable Logic Devices, Stephen C. Bishop
Washington Law Review
Several commentators have argued that copyright protection should extend to protect logic equations incorporated in a type of semiconductor chip called a programmable logic device (PLD). They reach this result by analogizing to the storage of computer software in memory chips, an embodiment that is currently protected under the copyright laws. This Comment analyzes logic equations incorporated in a PLD with respect to the copyright statute, utilitarian device doctrine, and the legislative history of the Semiconductor Chip Protection Act. It concludes that copyright protection should not extend to protect the logic equations incorporated in a PLD.