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Engineering and manufacturing industries

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Photocopying: fair use or unfair abuse?

Article Abstract:

There are a number of legal issues to consider when making photocopies of printed material. US and other courts have determined that copies may be made for news reporting, teaching, criticism and research without violating copyright protections. However, the guidelines for compliance are vague and those making copies are often left to make their own best judgments. Four factors should be considered in determining whether the use is fair: the nature of the material being copied; the impact copying will have on the market for the material; whether the copying is for non-profit or commercial use, and the amount and substantiality of the material. Court cases have shown that establishing fair use in a commercial venture is difficult. Different types of material have stricter protections. For instance, Congress has established tighter protections for newsletters than for other types of printed material.

Author: Miller, Joel
Publisher: Institute of Electrical and Electronics Engineers, Inc.
Publication Name: IEEE Spectrum
Subject: Engineering and manufacturing industries
ISSN: 0018-9235
Year: 1992
Laws, regulations and rules, Copying, Court Cases

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Software copyrights: searching for the golden nugget

Article Abstract:

Copyright registration of software is important and should be done in a timely fashion so as to avoid statutory damages and attorneys' fees if there is a legal problem. If the owner of the software copyright has a case against someone for copying code, the owner must show evidence that the infringement is valid and that the accused item is substantially similar to the original protected work. In the case of Computer Associates International Inc versus Altai Inc regarding Oscar 3.5 similarity to Adapter, the judge ruled that features not literally embodied in the Computer Associates' software code had not been infringed by Altai. The court determined that Oscar 3.5 has absolutely no lines of code that are identical to Adapter. The court found a few macro and parameter lists that were similar, however this was considered insignificant.

Author: Miller, Joel
Publisher: Institute of Electrical and Electronics Engineers, Inc.
Publication Name: IEEE Spectrum
Subject: Engineering and manufacturing industries
ISSN: 0018-9235
Year: 1993
Prepackaged software, Computer software industry, Software industry, Cases, Column, CA Inc., Codes, Altai Inc., CAI

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Europe 1992: the legal underpinnings

Article Abstract:

When the European Common Market is unified in 1992, technology and technological applications will be affected for several years. The European Community (EC) is working to minimize the barriers that current laws about intellectual property may raise among the EC members. The EC is working to protect software and semiconductor advances. Another area where the EC is active is in regulating competition among businesses that operate within the Common Market. The plan is to have most of the legal and physical infrastructure in place by the end of 1992, although, since unification is an iterative process, changes will be necessary over time as new developments and technologies appear.

Author: Miller, Joel
Publisher: Institute of Electrical and Electronics Engineers, Inc.
Publication Name: IEEE Spectrum
Subject: Engineering and manufacturing industries
ISSN: 0018-9235
Year: 1991
Semiconductor devices, Europe, Electronic components, International trade, Copy protection, column, Semiconductor Device, European Economic Community, Software Protection, International Organizations, Legislature

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Subjects list: Copyrights, Patents, Patent/Copyright Issue, Legal Issues
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