Possible defenses to complaints for copyright infringement and reverse engineering of computer software: implications for antitrust and I.P. law
Article Abstract:
Protecting software with copyright law can be a problem, as shown by the reverse engineering of computer software. A three- tiered defense, including copyright fair use, misuse and an antitrust counterclaim can be used in the copyright owner's claim of infringement. Patent protection may be the best refuge of the software developer for his product since a claim for patent infringement can only be met with a limited defense of patent misuse. The antitrust defense and counterclaim will probably not be sustainable absent predatory, blatant behavior by the software developer as the courts now look more favorably on the property rights vested in patent protection.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1998
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The Internet and the single document rule: searching for the four corners of the electronic paper
Article Abstract:
The single reference rule was made when paper documents predominated The exceptions to the single reference rule, extrinsic evidence and the doctrine of incorporation by reference, can, however, be modified so as to handle electronic documents. The courts will have enough flexibility to address concerns regarding electronic documents without significant disturbance to the rule of incorporation by reference if the arbitrary limit on ignoring references within references is deleted.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1996
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