文档介绍：计算机软件法律保护Legal Protection puter Software课件(1a)
Why “Legal Protection puter Software” makes an IP course?
What is IP?
Intellectual Property Clause of US Constitution
The Trade-Mark Cases, 100 . 82 (1879)
White-Smith Publishing Co. v. Apollo Co., 209 US 1 (1908)
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The Congress shall have Power to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. (Article 1, s. 8, , . Constitution)
The Trade-Mark Cases, 100 . 82 (1879) ruled that the IP Clause of the Constitution gave Congress no power to protect or regulate trademarks.
Congress then passed the Trade Mark Act of 1881, which was based on merce Clause power, and therefore passed constitutional muster.
The Congress shall have power To merce with foreign Nations, and among the several States, and with the Indian Tribes. (Article 1, s. 8, , . Constitution)
White-Smith v. Apollo, 209 . 1 (1908) ruled that manufacturers of music rolls for player pianos did not have to pay royalties to posers, based on a holding that the piano rolls were not copies of the plaintiffs’ copyrighted sheet music, but were instead parts of the machine that reproduced the music.
The later Copyright Act defined a “copy” as a “material object in which a work is fixed and from which the work can be perceived, reproduced, or municated, either directly or with the aid of a machine or device.”
Assessment
70%: Final close-book examination
30%: Attendance and essay writing
About the essay:
Topic: whatever you want to write about “open source software”
Word limit: 3000 words (including footnote)
Language: Chinese or English
Submit time: Week 10
Main textbooks and references
Mark A. Lemley, Peter S. Menell, Robert P. Merges, Pamela Samuelson and Brian W. Carver, Software and Law (4th Edition), Aspen Publishers (2011)
应明、孙彦,《计算机软件的知识产权保护》, 知识产权出版社,2009年
David Bainbridge, Legal Protection puter Software: F