scholarly journals The Exclusion of Illegal Evidence in Computer Software Copyright Infringement

2018 ◽  
Author(s):  
LIANGDONG XIAO
Keyword(s):  
Computer Software ◽  
Copyright Infringement ◽  
Software Copyright ◽  
Illegal Evidence

9. Software

2019 ◽  
pp. 219-257
Author(s):  
Andrew Murray
Keyword(s):  
Copyright Protection ◽  
Patent Protection ◽  
Computer Software ◽  
Copyright Infringement ◽  
Patent Law ◽  
Historical Background ◽  
European Patent ◽  
Copyright Holder ◽  
Software Copyright ◽  
The Look

This chapter examines whether software should be protected by patent law or by the law of copyright, or through a sui generis form of protection. It first provides a historical background on software and copyright protection, before discussing the scope of software copyright protection and copyright infringement. The chapter then looks at several forms of copyright infringement such as offline, online, and employee piracy, and also explains the look and feel infringement by citing three cases: Navitaire v easyJet, Nova Productions v Mazooma Games, and SAS Institute v World Programming Ltd. In addition, it considers permissible acts under the UK’s Copyright, Designs and Patents Act 1988 without infringing the rights of the copyright holder, including software licences, end-user licence agreements (EULAs),. Finally, the chapter analyses cases relating to patent protection for computer software, including software patents under the European Patent Convention and the decision in Aerotel v Telco and Macrossan.

Software Copyright Infringement Forensics and Authorship Analysis

2014 ◽  
pp. 110-128
Keyword(s):  
Copyright Infringement ◽  
Software Copyright ◽  
Authorship Analysis

This chapter primarily focuses on an overview of authorship analysis and then explains how authorship analysis can be of help, perhaps in a limited way, in software copyright infringement forensics. The chapter looks into various approaches (which use the elements and measures that have already been discussed in chapter 4) available to establish software authorship. It concludes by pointing out the limitations and the limited uses of various authorship analysis approaches in the investigation of software copyright infringement.

Forensic Expertise and Judicial Expectations

2014 ◽  
pp. 83-109
Keyword(s):  
Copyright Protection ◽  
Copyright Infringement ◽  
Substantial Part ◽  
Legal Systems ◽  
Judicial Decisions ◽  
Forensic Expertise ◽  
The World ◽  
Software Copyright

This chapter primarily focuses on recommendations, suggestions, and directives from the legal systems on matters related to investigation of software copyright infringement and then presents them as positive contributory gestures by the legal systems across the world. Samples are taken from various laws, judicial suggestions and recommendations, and legal directives on copyright in order to discuss the ways in which these laws, recommendations, and directives can add credibility to the entire forensic procedure as well as value to the final forensic answers. These samples address judicial recommendations on a variety of software copyright issues such as software authorship, copyright protection of various software elements (including literal and non-literal software parts), the constitution of “substantial part,” the interpretation of software ideas, forensic exclusion policies of various unprotectable elements, “mining,” etc. The chapter concludes stressing the importance of imparting extensive cyber forensic education to judicial officers for making them fit not only to take intelligent judicial decisions but also to put forward wise judicial recommendations on software copyright infringement cases.

Formal Elements and Measures in Software and their Forensic Importance

2014 ◽  
pp. 56-82
Keyword(s):  
Copyright Infringement ◽  
Relative Importance ◽  
Software Copyright ◽  
Authorship Identification

This chapter introduces various software elements and then explains the forensic utility and importance of these elements. Firstly, the forensic importance of these elements (and also of various metrics and measures based on these elements) are explained in the context of software authorship identification and then in the context of software copyright infringement forensics. Next, the software elements are presented from different perspectives in order to show their different roles in meeting software forensic challenges. Then these elements are differentiated based on their relative importance in software authorship identification and also in software copyright infringement forensics. Finally, the subjective nature of these software elements and their increased dependability on the investigator's skill set are explained. In general, the attempt here is to assess the forensic reliability of these elements and to reiterate that an intelligent scrutiny of these elements is technically vital and forensically necessary to establish software copyright infringement.

Software Copyright Infringement and Litigation

2014 ◽  
pp. 35-55 ◽  
Keyword(s):  
Property Rights ◽  
Practical Implication ◽  
Theoretical Aspect ◽  
Copyright Infringement ◽  
Legal Rights ◽  
Remedial Measures ◽  
Test Procedures ◽  
Copyright Laws ◽  
Software Copyright ◽  
Selection Of

This chapter deals with software copyright infringement litigations. The chapter commences with a mention of the moral and legal rights of individuals, organizations, and institutions to protect their property rights to software and also to seek remedial measures in case of violation of their rights. It then deals with various aspects and elements of evidence along with the procedure and ethics of the collection of evidence, moving further on into the theoretical aspect of the idea-expression dichotomy and its practical implication on the evidential elements, related complications, etc. The chapter then goes on to explain the importance of the selection of forensic test procedures and the legally decisive elements involved in these test procedures in the context of the idea-expression dichotomy of various copyright laws. It concludes by explaining the complications in the forensic reporting.

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