By Stanley Lai

Description

This work analyses the scope of copyright protection for computer software in the United Kingdom,and examines challenges for the future. The work presents the case for the adoption and application of infringement methodology emanating from the courts in the United States, resulting in a narrower scope of protection than is presently argued for by many UK academics, practitioners and judges alike. The work makes a careful evaluation of the efficacy of the various prevailing tests for infringement of copyright in software and their progenies, suggesting an improved formula and advocating the utility of limiting doctrines to assist in the determination of substantial similarity of particular non-literal software elements, user interfaces and screen display protection. The monograph also contains a detailed study of reverse engineering, copyright defences, permitted acts, database protection and the copyright-contract interface in the context of computer software, not omitting crucial discussions of the internet, digital dissemination and the impact of recent treaty and legislative initiatives on British copyright law. As such it will be an important resource for practitioners, lecturers and students alike.

Stanley Lai is a lawyer with the firm Lee & Lee in Singapore.

Contents

Acknowledgements

Table of Cases

Table of Legislation

Table of EU Directives

Table of International Instruments

1 Introduction 1

Pt. I Subsistence of Copyright and Infringement Methodology

2 Subsistence of Copyright and Infringement Analysis under US and UK Laws 13

3 Limiting Doctrines of Merger and Scenes a Faire 41

Pt. 2 The Scope of Copyright Protection of User Interfaces

4 The Copyright Protection of User Interfaces 65

5 Copyright Protection of Video Games 87

Pt. 3 Reverse Engineering and Defences

6 Reverse Engineering 95

7 Defences and Other Permitted Acts 127

Pt. 4 Challenges for the Future

8 Software Copyright Protection in Relation to Internet Technology 149

9 Database Protection in the United Kingdom: the New Deal and its Effects on Software Protection 161

10 The Copyright-Contract Interface and Software Protection 169

11 General Conclusion 197

App Technical Background: Software Design, Functionality, Reverse Engineering and Internet Issues 203

Index 239

Published Year: 2000 Format: Hard Back ISBN: 9781841130873 Publisher: Hart Publishing, Oxford No of Pages: 320 Our Price: £ 65.00 Reviews: 0 reivew(s).

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