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.

Thinking Ahead

2014 ◽  
pp. 219-230
Keyword(s):  
Copyright Infringement ◽  
Identification Methods ◽  
Copyright Laws ◽  
The Future ◽  
Software Copyright ◽  
Different Dimensions ◽  
Authorship Identification ◽  
Forensic Procedures

This chapter presages into the future scope of growth along different dimensions of the current forensic technologies for software copyright infringement investigation. Firstly, it explains how induction of additional software elements in the forensic processes and procedures can make the forensic efforts more reliable. Secondly, it suggests that there should be more initiatives from the software community to find ways to automate most, if not all, of the subjective decisions in these procedures in a legally convincing way. Thirdly, it encourages software forensic researchers to formulate copyright infringement forensic methods that have the lowest error rating. Fourthly, it previews the possibility of the existing software authorship identification methods to emerge in the future as tests to establish copyright infringement. The focus then shifts to the issues involved in customization of (global) software forensic procedures in tune with the (local) copyright laws. The chapter argues that there is scope for further judicial intelligence on deciding what all software elements are protectable and what all are unprotectable. It concludes stressing the need for extensive forensic education for the judiciary and also the pragmatics of bilingual and multilingual discourses between the forensic and the judicial communities.

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.

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.

Nine Easy Steps To Avoiding Software Copyright Infringement

1989 ◽  
Vol 73 (518) ◽  
pp. 90-93 ◽  
Author(s):  
Lanny R. Gamble ◽  
Larry S. Anderson
Keyword(s):  
Copyright Infringement ◽  
Software Copyright
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