Fair Use of Software

  Introduction: Google v. Oracle:  Does Google have the right to verbatim copy 11,000 lines of copyrighted Java SE code?  If yes, then how will a small software developer’s original software be protected from “rip-off”?  What is fair use of software?  See my post on the Google dispute and “fair use”.  This is supposed to…

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Fair Use of Copyrighted Software

    Introduction: At issue is the scope of permitted fair use of copyrighted software.  I have written on the scope of copyright protection and contrasted it with patent coverage.  Copyright does protect an embodiment of an idea, but not the underlying idea.  Ideas are protected by the 20 year term of a patent, and…

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Licensing: How to slice the pie

INTRODUCTION: Rights in intellectual property can be transferred by sale, i.e., “assignment” or by granting a limited interest, e.g., a “license” or “licensing”.  See my article on assignments.  To use the analogy of land, title or ownership can be conveyed in land via a written deed recorded with the appropriate government agency.  Similarly, a limited right to use or…

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How to Register a Copyright for Software

Introduction Copyright protection attaches to original works of authorship fixed in any tangible medium of expression now known or later developed, from which they can be perceived, reproduced or otherwise communicated, either directly or with the aid of a machine or device.  17 U.S.C. §102.  Software is a work of authorship.  It is classified as a literary work…

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Patents, Trademarks & Copyrights

Introduction The following is a brief summary of each tool for protecting intellectual property (IP). The tools discussed are Patents, Trademarks & Copyrights. Patents Patents protect an idea (invention) that is embodied in a device or method.  This is different from Copyright and Trademarks. The vast majority of patents are “utility patents”. There are also plant patents…

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COPYRIGHT PROTECTION

The following links contain information on obtaining a copyright and related issues. Copyright Protection The Digital Millennium Copyright Act Digital Signatures Digital Signatures (Update) Copyright Registration (Worth reading) Added Copyright Protection VARA

COPYRIGHT REGISTRATION

(This is worth reading) In my note entitled Copyright Protection I have described copyright as the weakest form of protection for intellectual property rights. However, when in doubt, in pays to register your copyright. It is a relatively easy and inexpensive process. It can now be done on line with a credit card or payment…

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DIGITAL SIGNATURES AND THE INTERNET

Obviously, more and more communication is being conducted via the Internet or e-mail. Both business and consumer transactions are involved. Items of substantial monetary value are purchased and shipped by agreement and direction established and documented solely in an electronic form. In addition, instructions are issued that can have substantial economic consequences. Examples include directions…

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