标题:How Can Whelan v. Jaslow and Lotus v. Borland Both be Right? Reexamining the Economics of Computer Software Reuse, 17 J. Marshall J. Computer & Info. L. 511 (1999)
期刊名称:The John Marshall Journal of Information Technology & Privacy Law
印刷版ISSN:1078-4128
出版年度:2013
卷号:17
期号:2
页码:3
出版社:The John Marshall Law School
摘要:The various circuit courts of appeal have been unable to agree on the appropriate method of determining when one computer program infringes the copyright in another computer program. This article traces the differences among the circuits, proposes a model to explain what courts are doing, asserts a set of factors that simplify the analysis of determining copyright infringement, and tests those factors against seemingly irreconcilable cases. Finally, the article applies the analysis to unresolved computer software issues of today in order to predict likely outcomes.