Abstract
There have been a number of recent articles in the trade press regarding the protection of computer innovations which are not strictly hardware (such as firmware and software). An article by David Pressman in the August 5 issue of EDN (their A Question of Law column summarizes the five methods of safeguarding innovations, namely:Copyright -- protects any copy of a written work from use by others without permission. Recent changes to Federal law explicitly extend copyright protection to software.Trade Secrecy - By not disclosing information about a product, and requiring all users to sign a nondisclosure agreement, anyone stealing a copy of the product may be prosecuted for stealing a "trade secret". This method and copyright protection are mutually exclusive.Unfair Competition - If someone is trying to cash in on some aspect or your product without extending proper credit, you may be able to get relief under this doctrine.Patent - Recent Supreme Court rulings may be leading to liberalized interpretation of patent laws extending patent protection to firmware and software innovations. The key is to claim the innovation with hardware, even if that specific hardware is not required for the innovation to work. Further, the firmware or software must not be the primary item claimed. Trademarks - used to attract attention to your product, and make its piracy more obvious. [Presl].
- Pres1: Pressman, David, "Use five methods of protection to safeguard computer software", EDN, vol. 26, no. 15 (August 5, 1981), p. 182.Google Scholar
- Ster1: Sterns, Richard H., and Jeffery L. Squires, "In the Matter of CERTAIN COIN-OPERATED AUDIO-VISUAL GAMES AND COMPONENTS THEREOF", Memorandum to Assist the Commision, (submited to the US International Trade Commision by the authors, cover letter dated June 1, 1981), Baker and Hostetler, Attorneys at Law, 818 Connecticut Ave N. W., Washington, DC 20006.Google Scholar
- Press2: Pressman, David, "US Supreme Court partially opens door to patenting of computer programs", EDN, vol. 26, no. 13 (June 24, 1981), p 285.Google Scholar
- Greg1: Greguras, Fred M., "A new look at patentability, Mini-Micro Systems", vol. 14, no. 6 (June, 1981), p. 161.Google Scholar
- ABC1: American Broadcasting Company, 20/20 News Magazine (television news program).Google Scholar
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