Merger and the Machines: An Analysis of the Pro-Compatibility Trend in Computer Software Copyright Cases

1993 ◽  
Vol 45 (4) ◽  
pp. 1061 ◽  
Author(s):  
Timothy S. Teter
2020 ◽  
pp. 271-320
Author(s):  
Ian J. Lloyd

This chapter discusses protection under the law of copyright. Topics covered include copyright basics; obtaining copyright; forms of protected work; the requirement of originality; copyright ownership; copyright infringement; the nature of copying; other rights belonging to the copyright owner; the development of software copyright; and literal and non-literal copying. The law of copyright is perhaps the major branch of intellectual property law relevant to computer software. Virtually every piece of software will be protected by copyright. The main issue concerns the extent of the protection that is offered. Computer programs are generally protected as literary works. This was appropriate in the early days where computers performed essentially functional tasks – often associated with mathematical calculations. It is arguable that modern software, which often makes extensive use of graphical images, is more akin to an artistic work than a literary one. Regardless of categorization, the courts in the United Kingdom have applied a narrow interpretation of the scope of copyright. Reproduction of the underlying code will be unlawful but replication through independent work of the effects produced by the code (often referred to a non-literal copying) will not.


2019 ◽  
pp. 219-257
Author(s):  
Andrew Murray

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.


2016 ◽  
Author(s):  
Mark Lemley

Virtually all the courts to consider non-literal infringement of softwarecopyrights have lined up with the “narrow constructionists,” engaging in“analytic dissection” of computer programs in order to determine whetherany copyrightable expression has actually been copied. Most commonly, thisanalytic dissection has taken the form of the“abstraction-filtration-comparison” test set forth in Computer Associatesv. Altai. While there are still a few courts in which the “total conceptand feel” approach remains the law, the approach is moribund: since Altaiwas decided, no court has endorsed the broader “total concept and feel”approach.Rather than ending, the debate over software copyright law appears to beshifting its focus. Having finally resolved the debate that has beenplaguing software copyright law since its inception, courts are discoveringto their chagrin, that deciding what test to apply actually tells you verylittle about how to apply that test. Despite the convergence of courts onAltai's filtration approach, courts remain fundamentally conflicted indeciding how broadly to protect software copyright. Further, there remainsa good deal of misunderstanding about what exactly it means to “abstract”and “filter” a computer program.I suggest a unified approach to evaluating non-literal infringement insoftware copyright cases. This approach focuses on exactly what is allegedto have been copied. It also acknowledges the increasing role of patent lawin protecting computer software, and the role of other copyright concernssuch as compatibility and fair use. The result of this unified approach isto provide relatively narrow copyright protection for computer programs inmost cases of non-literal infringement.


Author(s):  
G.Y. Fan ◽  
J.M. Cowley

In recent developments, the ASU HB5 has been modified so that the timing, positioning, and scanning of the finely focused electron probe can be entirely controlled by a host computer. This made the asynchronized handshake possible between the HB5 STEM and the image processing system which consists of host computer (PDP 11/34), DeAnza image processor (IP 5000) which is interfaced with a low-light level TV camera, array processor (AP 400) and various peripheral devices. This greatly facilitates the pattern recognition technique initiated by Monosmith and Cowley. Software called NANHB5 is under development which, instead of employing a set of photo-diodes to detect strong spots on a TV screen, uses various software techniques including on-line fast Fourier transform (FFT) to recognize patterns of greater complexity, taking advantage of the sophistication of our image processing system and the flexibility of computer software.


Author(s):  
F.A. Ponce ◽  
H. Hikashi

The determination of the atomic positions from HRTEM micrographs is only possible if the optical parameters are known to a certain accuracy, and reliable through-focus series are available to match the experimental images with calculated images of possible atomic models. The main limitation in interpreting images at the atomic level is the knowledge of the optical parameters such as beam alignment, astigmatism correction and defocus value. Under ordinary conditions, the uncertainty in these values is sufficiently large to prevent the accurate determination of the atomic positions. Therefore, in order to achieve the resolution power of the microscope (under 0.2nm) it is necessary to take extraordinary measures. The use of on line computers has been proposed [e.g.: 2-5] and used with certain amount of success.We have built a system that can perform operations in the range of one frame stored and analyzed per second. A schematic diagram of the system is shown in figure 1. A JEOL 4000EX microscope equipped with an external computer interface is directly linked to a SUN-3 computer. All electrical parameters in the microscope can be changed via this interface by the use of a set of commands. The image is received from a video camera. A commercial image processor improves the signal-to-noise ratio by recursively averaging with a time constant, usually set at 0.25 sec. The computer software is based on a multi-window system and is entirely mouse-driven. All operations can be performed by clicking the mouse on the appropiate windows and buttons. This capability leads to extreme friendliness, ease of operation, and high operator speeds. Image analysis can be done in various ways. Here, we have measured the image contrast and used it to optimize certain parameters. The system is designed to have instant access to: (a) x- and y- alignment coils, (b) x- and y- astigmatism correction coils, and (c) objective lens current. The algorithm is shown in figure 2. Figure 3 shows an example taken from a thin CdTe crystal. The image contrast is displayed for changing objective lens current (defocus value). The display is calibrated in angstroms. Images are stored on the disk and are accessible by clicking the data points in the graph. Some of the frame-store images are displayed in Fig. 4.


1997 ◽  
Vol 6 (3) ◽  
pp. 57-65 ◽  
Author(s):  
Lisa A. Wood ◽  
Joan L. Rankin ◽  
David R. Beukelman

Word prompt programs are computer software programs or program features that are used in addition to basic word processing. These programs provide word lists from which a user selects a desired word and inserts it into a line of text. This software is used to support individuals with severe speech, physical, and learning disabilities. This tutorial describes the features of a variety of word prompt programs and reviews the current literature on the use of these programs by people with oral and written language needs. In addition, a matrix that identifies the features contained in eight sample word prompt programs is provided. The descriptions of features and the matrix are designed to assist speech-language pathologists and teachers in evaluating and selecting word prompt programs to support their clients' oral and written communication.


Crisis ◽  
2016 ◽  
Vol 37 (2) ◽  
pp. 140-147 ◽  
Author(s):  
Michael J. Egnoto ◽  
Darrin J. Griffin

Abstract. Background: Identifying precursors that will aid in the discovery of individuals who may harm themselves or others has long been a focus of scholarly research. Aim: This work set out to determine if it is possible to use the legacy tokens of active shooters and notes left from individuals who completed suicide to uncover signals that foreshadow their behavior. Method: A total of 25 suicide notes and 21 legacy tokens were compared with a sample of over 20,000 student writings for a preliminary computer-assisted text analysis to determine what differences can be coded with existing computer software to better identify students who may commit self-harm or harm to others. Results: The results support that text analysis techniques with the Linguistic Inquiry and Word Count (LIWC) tool are effective for identifying suicidal or homicidal writings as distinct from each other and from a variety of student writings in an automated fashion. Conclusion: Findings indicate support for automated identification of writings that were associated with harm to self, harm to others, and various other student writing products. This work begins to uncover the viability or larger scale, low cost methods of automatic detection for individuals suffering from harmful ideation.


Sign in / Sign up

Export Citation Format

Share Document