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Copyright in Software and Data

Published online by Cambridge University Press:  16 February 2016

Moshe Shalgi
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Extract

The advent of a new brand of intellectual creativity, which followed developments in computer technology, created a considerable body of proprietory interests in computer software and data. There was therefore a search for legal instruments to provide protection against unauthorized exploitation of the intellectual property in them.

Several legal paths were attempted: contractual protection, patent law, trade secrets law and copyright. Of these, the current opinion is that copyright law is the most suitable instrument to protect rights in software and data.

Information

Type
Erwin S. Shimron Memorial International Symposium: The Computer And The Law
Information
Israel Law Review , Volume 21 , Issue 1 , Winter 1986, pp. 15 - 22
Copyright
Copyright © Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem 1986

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References

1 Cf. Durham, W. Cole Jr., “The Modification of Law Under the Influence of Computer Technology” (Supplement, 1982) 30 Am. J. Comp. L. 605CrossRefGoogle Scholar.

2 Legal Protection of Computer Programmes (London, Oyez Longman, 1980) 51Google Scholar.

3 Data Cash Systems Inc. v. JS & A Group Inc. (not reported), mentioned in Brett, Hugh and Perry, Lawrence (eds.), The Legal Protection of Computer Software (Oxford, 1981) 132Google Scholar.

4 This issue was not appealed and the case was decided on a different ground.

5 Final Report of the National Commission on New Technological Uses of Copyrighted Works, July 31, 1978 (Washington, Library of Congress, 1979) 109Google Scholar.