Analysis of Copyright as an Appropriate Method for Protection of Computer Programs

By

ACKNOWLEDGEMENT

My thanks go out to all who have helped me complete this study and with whom this project may have not been possible. In particular, my gratitude goes out to friends, facilitator and family for extensive and helpful comments on early drafts. I am also deeply indebted to the authors who have shared my interest and preceded me. Their works provided me with a host of information to learn from and build upon, also served as examples to emulate.

DECLARATION

I, (Your name), would like to declare that all contents included in this thesis/dissertation stand for my individual work without any aid, & this thesis/dissertation has not been submitted for any examination at academic as well as professional level previously. It is also representing my very own views and not essentially which are associated with university.

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ABSTRACT

This research study is an attempt to study whether copyright is an appropriate method for the protection of computer programs. Patents and copyrights are the two forms of intellectual property that provide protection to the programs and software of the computers. The copyright laws that provide protection to the original expression that is not in favour of directly copying and not generating a new idea themselves. The major purpose of copyrights is that it provides protection to the original work of expressions, which includes, poems, novels, plays, composition of music, films, sculpture, photographs and computer programs by preventing the people to commercially exploit it without the permission of the copyright's owner. This research study has adopted both a qualitative and a secondary method of research in order to meet the aim and objectives for this dissertation. Interviews have been conducted for the qualitative part of the analysis. The results of the dissertation showed that the copyrights play an important role for the protection of the computer programs.

TABLE OF CONTENTS

ACKNOWLEDGEMENTii

DECLARATIONiii

ABSTRACTiv

CHAPTER 01: INTRODUCTION1

1.1. Background of the Study1

1.3. Protection of Computer Programs5

1.4. Research Questions6

1.5. Aim and Objectives7

1.6. Significance of the Study8

1.7. Layout of the Dissertation8

CHAPTER 02: LITERATURE REVIEW9

2.1. Introduction9

2.2. Software Licenses and Intellectual Propriety9

2.3. Overview of Copyright10

2.4. History of Copyright13

2.5. Copyright Protection14

2.6. Forms of Computer Protection15

CHAPTER 03: RESEARCH METHODOLOGY17

3.1. Introduction17

3.2. Research Method17

3.3. Overview of the Qualitative Research Method17

3.4. Overview of the Secondary Research Method18

3.5. Research Instrument (Interviews)19

3.6. Participants19

3.7. Reliability20

3.8. Confidentiality21

3.9. Informed Consent21

3.10. Ethical Considerations22

3.11. Data Analysis22

3.12. Conclusion22

CHAPTER 04: DISCUSSION AND ANALYSIS23

4.1. Introduction23

4.2. Interview Analysis23

4.3. Secondary Data Analysis25

4.3.1. The Computer Software Protection Regulations29

4.3.2. Computer Protection Law in the United Kingdom (Copyright Law)32

4.3.2.1. Standardisation and Interoperability33

4.3.2.2. Origins of Copyright Protection for Computer Software35

4.3.2.3. Possible Solutions37

4.3.3. Computer Protection Programs in the United States of America (USA)37

4.3.3.1. The question of origin38

4.3.3.2. International and Comparative Law39

4.3.3.3. Community law and its implementation39

4.3.4. Case Laws43

1990-1995: The Lotus look and feel suits44

CHAPTER 05: CONCLUSION46

REFERENCES52

APPENDIX56

Case Laws56

CHAPTER 01: INTRODUCTION

1.1. Background of the Study

“The easiest way to protect intellectual property is to keep it in one's head.”Intellectual property law is that area of law which concerns legal rights associated with creative efforts or commercial reputation and goodwill says ...