Beyond the Code: Protection of Non-Textual Features of Software
Although the law on infringement is relatively straightforward in relation to the copying of literal and textual elements of software, it is the copying of non-literal and functional elements that poses complex and topical questions in the context of intellectual property (IP) protection. In many cases, it is these non-literal and functional elements that contain the real value of a software product. This book concerns the copying of non-literal and functional elements of software in both the United States and European Union, using a holistic approach to address the most topical questions facing experts concerned with legal protection of software products across a range of technological platforms.

The book focuses on six distinct but interrelated areas: contract, copyright, patents, trade-dress, designs and trade secrets, discussing these areas separately and in relation to one another. The book discusses software as a multilayered functional product, setting the scene for other legal discussions by highlighting software's unique characteristics. It examines models for the provision of software, addressing licensing patterns and overall enforceability, as well as the statutory and judicial tools for regulating the use of such licences. It assesses the protection of non-literal and functional software elements under EU and US laws, focusing on internal architecture, interfaces, behavioural elements and GUIs.
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Beyond the Code: Protection of Non-Textual Features of Software
Although the law on infringement is relatively straightforward in relation to the copying of literal and textual elements of software, it is the copying of non-literal and functional elements that poses complex and topical questions in the context of intellectual property (IP) protection. In many cases, it is these non-literal and functional elements that contain the real value of a software product. This book concerns the copying of non-literal and functional elements of software in both the United States and European Union, using a holistic approach to address the most topical questions facing experts concerned with legal protection of software products across a range of technological platforms.

The book focuses on six distinct but interrelated areas: contract, copyright, patents, trade-dress, designs and trade secrets, discussing these areas separately and in relation to one another. The book discusses software as a multilayered functional product, setting the scene for other legal discussions by highlighting software's unique characteristics. It examines models for the provision of software, addressing licensing patterns and overall enforceability, as well as the statutory and judicial tools for regulating the use of such licences. It assesses the protection of non-literal and functional software elements under EU and US laws, focusing on internal architecture, interfaces, behavioural elements and GUIs.
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Beyond the Code: Protection of Non-Textual Features of Software

Beyond the Code: Protection of Non-Textual Features of Software

by Noam Shemtov
Beyond the Code: Protection of Non-Textual Features of Software

Beyond the Code: Protection of Non-Textual Features of Software

by Noam Shemtov

Hardcover

$180.00 
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Overview

Although the law on infringement is relatively straightforward in relation to the copying of literal and textual elements of software, it is the copying of non-literal and functional elements that poses complex and topical questions in the context of intellectual property (IP) protection. In many cases, it is these non-literal and functional elements that contain the real value of a software product. This book concerns the copying of non-literal and functional elements of software in both the United States and European Union, using a holistic approach to address the most topical questions facing experts concerned with legal protection of software products across a range of technological platforms.

The book focuses on six distinct but interrelated areas: contract, copyright, patents, trade-dress, designs and trade secrets, discussing these areas separately and in relation to one another. The book discusses software as a multilayered functional product, setting the scene for other legal discussions by highlighting software's unique characteristics. It examines models for the provision of software, addressing licensing patterns and overall enforceability, as well as the statutory and judicial tools for regulating the use of such licences. It assesses the protection of non-literal and functional software elements under EU and US laws, focusing on internal architecture, interfaces, behavioural elements and GUIs.

Product Details

ISBN-13: 9780198716792
Publisher: Oxford University Press
Publication date: 10/24/2017
Pages: 288
Product dimensions: 8.80(w) x 6.10(h) x 1.10(d)

About the Author

Noam Shemtov, Centre for Commercial Law Studies, Queen Mary University

Dr Noam Shemtov is a Senior Lecturer in Intellectual Property and Technology Law at the Centre for Commercial Law Studies (CCLS) at Queen Mary University of London. He has recently managed a team of researchers in a research project on Open Source licences funded by Microsoft. He is the LLM course convener for Intellectual Property and the Creative Industries at QMUL. He is the Director for specialist IP programmes: Certificate in Intellectual Property and the Certificate in Trade Mark Law and Practice. Noam is also a visiting lecturer at Univesidad de Alicante and at Universidad Autonoma de Madrid. He is a qualified solicitor both in the UK and in Israel.

Table of Contents

1. License-created Monopolies: Controlling Use Through Restrictive Licensing Terms2. Legal Mechanisms for Mitigating the Effect of Restrictive Licensing Provisions3. Reverse Engineeing and Decompilation of Computer Programs4. The Principle of the Idea-expression Dichotomy and its Application in Software Copyright Infringement Disputes5. The Combined Effect of Copyright and Restictive Licensing Provisions6. Patenting Software7. Protecting User Interfaces8. Trade Secrets and the Software Industry8. Trade-Secrets Protection for Non-Literal Elements of Computer ProgramsTrade Marks and Trade Dress Protection9. Protecting Software's 'Look and Feel'
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