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Copyright in Software and Data

  • Moshe Shalgi

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.

Copyright

References

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

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

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) 132.

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) 109.

* Former Judge, District Court of Jerusalem.

Copyright in Software and Data

  • Moshe Shalgi

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