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  • 标题:Against Defibrillating the API Copyright Dead: A Response to Advocates of Copyrightability of Software Functional Specifications
  • 本地全文:下载
  • 作者:Peter S. Menell
  • 期刊名称:Harvard Journal of Law and Technology
  • 印刷版ISSN:0897-3393
  • 出版年度:2018
  • 卷号:31
  • 期号:2
  • 页码:654
  • 出版社:William S Hein
  • 摘要:As this Special Issue of the HARVARD JOURNAL OF LAW &TECHNOLOGY confirms, the Oracle v. Google1 litigation has revived along dormant battle over the scope of copyright protection for computersoftware. That struggle, which raged from the mid-1980sthrough the mid-1990s, brought many of the contributors to this SpecialIssue together. Thus, this Issue has the feel of a reunion. PamSamuelson, David Nimmer, and I wrote some of the early articles onthese questions.2 Jonathan Band worked with his then-colleague MichaelJacobs representing Fujitsu in its landmark software arbitration with IBM that focused on copyright and interoperability.3 They were active in the formation and work of the American Committee for Interoperable Systems (“ACIS”),4 which advocated for less protectionist intellectual property policies for computer software. Mark Lemley joined the party just as the first API copyright battle was subsiding.
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