Legal Protection of Computer Software

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, [names and surname here], declare that the contents of this dissertation/thesis represent my own unaided work, and that the dissertation/thesis has not previously been submitted for academic examination towards any qualification. Furthermore, it represents my own opinions and not necessarily those of the University.

Signed __________________ Date _________________

TABLE OF CONTENTS

ACKNOWLEDGEMENTII

DECLARATIONIII

CHAPTER 1: INTRODUCTION1

Development of computer software protection1

Classification of software4

System Software4

Programming Software5

Application Software5

Scope of copyright protection6

Aims of protection for computer software8

Aim of the dissertation10

Research questions11

Organization of the dissertation11

CHAPTER 2: COPYRIGHT PROTECTION OF COMPUTER SOFTWARE13

Introduction13

Nature of copyright15

Requirement of computer software16

Originality of software and legislation16

Case study17

Type of computer software19

(a)Specialist application program19

(b)General commercial program21

(c)Mass market program21

The effect of unauthorised copying of computer programs22

CHAPTER 3: INFRINGEMENT OF COMPUTER SOFTWARE COPYRIGHT24

Introduction24

Case study24

Infringement of copyright in computer software under the Copyright, Designs and Patents Act 198825

a)Copying26

b)Adaptation27

Case study28

c)Issuing of copies to the public29

Law29

Case study30

d)Sale or gift of licensed software30

Infringement of copyright in computer software under the European Union law31

Case study33

Jurisdictional differences on computer software34

CHAPTER 4: REMEDIES AND DEFENCES FOR COPYRIGHT INFRINGEMENT ON A COMPUTER SOFTWARE39

The protection of the software: the copyright to the patentability39

Protection of the software copyright40

Subject to protection by copyright41

Content protection42

On Counterfeiting43

Violation of copyright44

Defence44

Infringement of production and reproduction45

Secondary attack46

Infringement of moral rights46

Exceptions applicable to the breach46

Remedies available to the holder of a copyright47

CHAPTER 5: CONCLUSION AND RECOMMENDATION51

Protection of economic investment52

Protection of user rights and free competition54

Current shortcomings of the law55

BIBLIOGRAPHY57

CHAPTER 1: INTRODUCTION

Development of computer software protection

As the use of computers and computer software increases, so does the propensity for abuse. Software piracy, the illegal duplication of software, is a major problem confronting the software industry. In order to get rid of computer software piracy, the introduction of new laws and increased efforts enforce copyright protection. A new anti-copying law is proposed which makes owning or producing unauthorized copies of copyrighted works a felony if they have a retail value over $2,500.

According to the Wall Street Journal (1997), President Clinton is expected to sign a bill outlawing the offering of free copyrighted software over the Internet without prior permission of the software maker. Attitudes toward software piracy may be derived from a subset of business ethics and ethical decision making. Software viruses and software piracy have added to an increased emphasis on computer ethics such as the development of formal computer policies and the development of ethical standards and education

Despite the calls of such noted academicians as Eric, there is, to date, very little research in the ethical areas of the Management Information Systems (MIS) field. Perhaps the most visible ethical and financial problem faced by ...