By Jonathan Band
"Interfaces on Trial 2.0 offers expert inside of bills of many intellectual-property coverage advancements that easily will not be available anyplace else. In passage after passage, the authors reach making tough, technical, or summary ideas transparent and urban. The booklet represents a version for engaged scholarship during this rather new zone of specialization, and may be of significant curiosity not just to experts but in addition to normal readers attracted to the way forward for expertise policy." Peter Jaszi , Professor of legislation and Director of the Glushko-Samuelson highbrow estate legislation sanatorium, American college
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Additional resources for Interfaces on Trial 2.0 (The Information Society Series)
The Interoperability Debate 19 as the computer runs the program. 59 As was noted above, the European Union, in its 1991 Software Directive, established a statutory copyright exception excusing the copying that occurs during reverse engineering. S. C. §107, to permit reverse engineering. The first thorough judicial consideration of software reverse engineering occurred in 1992 in Sega Enters. v. 60 Accolade, a developer of computer games, decompiled software in the Sega video console and in Sega-compatible games in order to learn the interface specifications that would enable it to port its games to the Sega console.
Clapes and Jennifer M. Daniels, “Revenge of the Luddites: A Closer Look at Computer Associates v. Altai,” The Computer Lawyer, November 1992, at 4. 39. 3d 823 (10th Cir. 1993). 32 Chapter 2 Indeed, one could argue that, even though Judge Stahl stated that Computer Associates was of little help, both he and Judge Boudin applied the Computer Associates test successfully. Because the case involved literal copying, the First Circuit could skip the abstraction step altogether and focus on filtration—that is, on determining whether copyright protected the element Borland had copied word for word (the Lotus command structure).
Altai,54 had fashioned the abstraction-filtration-comparison methodology to address the copying of nonliteral elements, and that the First Circuit, in Lotus v. Borland,55 had suggested that this methodology might be of “little help” when considering the copying of literal elements. ”56 “Even if the Altai test is limited to nonliteral copying,” the Eleventh Circuit stated, “. . a parallel type of analysis must be undertaken in examining alleged instances of literal copying of computer code. . ”57 The trial judge, in essence, instructed the jury not to consider these “defenses” with respect to the instances of literal copying.