PROTECTION OF NON-LITERAL ELEMENTS OF A COMPUTER PROGRAM UNDER COPYRIGHT
Keywords:
Computer, Source Code, Object Code, Hacking, EngineeringAbstract
In today’s age of technological development, information technology is one of the most rapidly growing sectors. Computer programming forms a very important aspect of this sector, it is the foundation of the whole IT Sector. The ease of access to the computer programs and certain activities such as Hacking and Reverse engineering have led to cases where Computer Programs have been blatantly copies if not literally then by copying the Non Literal elements. This research paper primarily tries to look into what protection has been afforded under the Indian Laws to computer programs and what kind of remedies have been awarded. The researcher looks into the IT Act, 2000, the Copyright Protection Act and Patents Act and various International Conventions and Treaties on the matter to determine the protectability of computer programs. The researcher has identified the lack of judicial intervention in the matter in India and thus relies on International Interpretations, Conventions and Cases, which the researcher tries to correlate to the existing law on the matter and come to a conclusion about the protectability of Computer Programs.
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References
Research Papers:
P. Narayanan, Law of copyright and Industrial Designs 20 ( 4th ed. 2017).
Daljinder Pal Singh Parmar, International report - Revised CRI guidelines and
patentability of algorithms, Lex-orbis (India).
Functionality and Expression in Computer Programs: Refining the Tests for Software
Copyright Infringement Pamela Samuelson.
The Copyrightability of Nonliteral Elements of Computer Programs Julian Velasco.
Infringement Analysis in Copyright Law By Adarsh Ramanujan, Prateek Bhattacharya
&Esheetaa Gupta
Copyright Protection of Computer Program Object Code, 96 HARV. L. REV. 1723,
1724 (1983)
Case Laws:
Apple Computer Inc. v Computer Edge [1984] FSR 481 at p.540.
Blackwood v. Parasuraman AIR 1959 Mad 410 (India).
Sega Enterprise Ltd. V Richards [1983] FSR 73.
Apple computers v. Franklin Computer 714 F.2d 1240 (3d Cir. 1983).
SAS Institute v. S & H Computer Systems 568 F. Supp. 416 (M.D. Tenn. 1983).
Lotus Dev. Corp. v. Paperback Software Int'l, 740 F. Supp. 37, 56 (D. Mass. 1990).
Indian Express Newspaper (Bombay) Pvt Ltd v Jagmohan, AIR 1985 Bom 229 (India).
Burlington Home Shopping v Rajnish Chibber 1995 PTC (15) 278 (India).
Ladbroke (football) v William Hill (football) [1964] 1 WLR 273.
Nag Book House v. State of West Bengal AIR 1982 Cal 245(India)
University of London Press Ltd. V University Tutorial Press Ltd. [1961] 2 Ch 601.
Roth Greeting Cards v. United Card Co. 0 429 F.2d at 1110.
Sid & Marty Krofft Television Productions, Inc. v. McDonald’s Corp. 562 F.2d 1157
(9th Cir. 1977).
Computer Associates International, Inc. v. Altai, Inc 982 F.2d 693, 706–11 (2d Cir.
1992).
Whelan Associates, Inc. v. Jaslow Dental Laboratory, Inc. 1240 (3d Cir. 1986).
R.G.Anand v. Deluxe Films AIR 1978 SC 1613 (India).
Mirage Studio v Counter Feat Clothing [1991] FSR 145.
L.B. (Plastics) Ltd v. Swish Products Ltd [1979] R.P.C. 619.
Anil Gupta v, Kunal Dasgupta AIR 2002 Delhi 379 (India).
Zee telefilms ltd. V. Sundail Communications (P) Ltd., (2003) 3 Mah LJ 695.(India).
Komesaroff v Mickle (1988) R.P.C.204.
Northern office Microcomputers v Rosenstien[1982] FSR 124.
Baker v. Selden, 101 U.S. 99 (1879).
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