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Intellectual Property Issues in Software (1991) Computer Science and Telecommunications Board (CSTB)

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Please note that the searchable text may be scanned, uncorrected text, and should be presumed inaccurate. Page images should be used as the authoritative version. Hits were found on pages: 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58 A total of 16 pages of uncorrected, machine-read text were searched in this chapter. 16 pages were identified which contain a total of 99 lines that match "software."

At the top of PAGE 43 ...Is Software a Special Case?... At the top of PAGE 43 ...software is different from other technologies and creative works that... At the top of PAGE 43 ...issue is whether software is so different that extensions or modifica-... On PAGE 43 ...software is so "fundamentally different" from works on paper, the... At the bottom of PAGE 43 ...elements of software contributes to the blurring of boundaries between... At the bottom of PAGE 43 ... Depending on whom you ask, software is either written, engineered,... At the top of PAGE 44 ...INTELLECTUAL PROPERTY ISSUES IN SOFTWARE... At the top of PAGE 44 ...lies software's inherent vulnerability to copying... At the top of PAGE 44 ...ration and ninety-nine percent perspiration." For software, accord-... On PAGE 44 ...of the creativity and toil that go into a successful software product,... On PAGE 44 ... To Kapor, design is an underappreciated element of software de-... At the bottom of PAGE 44 ...about what we want to do about protecting the design of software,... At the bottom of PAGE 44 ...term solution to the legal problems associated with protecting software... At the bottom of PAGE 44 ...are not separate spheres of software development. The two activities... At the top of PAGE 45 ...IS SOFTWARE A SPECIAL CASE?... On PAGE 45 ... The seeming circularity of software development stems from a dif-... At the bottom of PAGE 45 ... Software development is often likened to architecture, another de-... At the bottom of PAGE 45 ...however. Software does not have a physical embodiment that can be... At the bottom of PAGE 45 ...no way to visualize software," Davis explained. "Sure, we have flow... At the top of PAGE 46 ...INTELLECTUAL PROPERTY ISSUES IN SOFTWARE... At the top of PAGE 46 ...DEVELOPING SOFTWARE.... At the bottom of PAGE 46 ...*Abstracted from a talk given by Dan Bricklin, Software Garden, Inc., at CSTB's... At the top of PAGE 47 ...IS SOFTWARE A SPECIAL CASE?... At the top of PAGE 47 ... Taken together, two attributes ascribed to software the unique-... On PAGE 47 ..."Most software is an accretion of pieces of software that have been... On PAGE 47 ...bits and pieces is greatly in the public interest. That is how software... On PAGE 47 ... This peculiarity of software poses a quandary for intellectual proper-... At the bottom of PAGE 47 ...ing reusable software components. This market illustrates the prob-... At the bottom of PAGE 47 ...breadth of the foundation, software developers would like to exploit... At the bottom of PAGE 47 ...level in Bricklin's tree-like scheme of software innovation, access to... At the top of PAGE 48 ...INTELLECTUAL PROPERTY ISSUES IN SOFTWARE... At the top of PAGE 48 ...SOFTWARE AS A CREATIVE MEDIUM... At the top of PAGE 48 ... At its most abstract, software is "the ultimate creative medium,"... At the top of PAGE 48 ... Yet in software, abstraction and metaphor are embodied within... At the top of PAGE 48 ...software development is to create user interfaces in which "electronic... On PAGE 48 ...Apple Computer. Thus software seeks to simulate reality and to... On PAGE 48 ...of features that, many software designers maintain, distinguishes it... On PAGE 48 ...signers, he suggested during the forum, would argue that software... On PAGE 48 ... Another hallmark of software is its malleability as a creative tool... On PAGE 48 ...said MIT's Davis, "software is the universal machine.... We can... At the bottom of PAGE 48 ...Yet, for the purposes of copyright law, software is treated as analo-... At the bottom of PAGE 48 ... Several software attributes, according to Kapor, strain the analogy... At the bottom of PAGE 48 ...and nonfunctional in the sense of performing work. In contrast, software... At the bottom of PAGE 48 ...beckoning of the user. Software, therefore, has a chameleon-like identity,... At the bottom of PAGE 48 ...because the tasks performed by a particular piece of software are... At the bottom of PAGE 48 ...Because of software's underlying fluidity, however, definitional... At the top of PAGE 49 ...IS SOFTWARE A SPECIAL CASE?... At the top of PAGE 49 ...operations. But users have discovered the broader utility of the software.... On PAGE 49 ... Similarly, particular functions can be embodied in either software... On PAGE 49 ...panding the role of software.... On PAGE 49 ...fers to conceptualize software as componentry incorporated into a... On PAGE 49 ...never-finished product. He suggested that very few software products,... On PAGE 49 ...ing access to software components, he maintained, would suppress... At the bottom of PAGE 49 ...limit the utility of software. Again, the issue is one of balance. Pro-... At the bottom of PAGE 49 ...of an individual software offering. It increases utility for computer... At the top of PAGE 50 ...INTELLECTUAL PROPERTY ISSUES IN SOFTWARE... On PAGE 50 ... In common with other industries, the software industry can find... On PAGE 50 ...duct market. In the software industry, however, the lack of common... At the bottom of PAGE 50 ... In the personal computer side of the software industry, the compe-... At the bottom of PAGE 50 ...dent software developers with the opportunity to write applications... At the top of PAGE 51 ...IS SOFTWARE A SPECIAL CASE?... At the top of PAGE 51 ...the manufacturers. Thousands of software applications were written... At the top of PAGE 51 ...and every relationship between the software company and hardware... On PAGE 51 ...computer software. "If you are running an application . . .," Kapor... On PAGE 51 ...explained, "you are actually using software that is made by about... On PAGE 51 ...ments of software owe their value to their role in some larger system.... At the bottom of PAGE 51 ...others. In software systems, interdependency is magnified, as the... At the bottom of PAGE 51 ...of software and hardware. Points of interaction between otherwise... At the bottom of PAGE 51 ...As the complexity of hardware and software has grown and as the... At the top of PAGE 52 ...INTELLECTUAL PROPERTY ISSUES IN SOFTWARE... At the top of PAGE 52 ...that interconnect modules within a single software product) facilitate... At the top of PAGE 52 ...the software offerings of many different vendors. For vendors that... At the top of PAGE 52 ...evolving compatibility poses a quandary. Software interfaces are... On PAGE 52 ...ments of proprietary value added. Those who produce software and... At the top of PAGE 53 ...IS SOFTWARE A SPECIAL CASE?... On PAGE 53 ..."one of the nastiest and most difficult areas" for the software indus-... At the bottom of PAGE 53 ...attribute of software: the more intuitive an application's method of... At the bottom of PAGE 53 ...and software and the more powerful a tool the computer becomes.... At the bottom of PAGE 53 ...specialize in software development and of those that offer entire in-... At the top of PAGE 54 ...INTELLECTUAL PROPERTY ISSUES IN SOFTWARE... At the top of PAGE 54 ...public domain. But some software designers doubt whether the dis-... At the top of PAGE 54 ...it comes to software." And in user interfaces all of the peculiarities... At the top of PAGE 54 ...of software as a technological entity are magnified.... At the top of PAGE 54 ...vation in this important area of software.... On PAGE 54 ... User interfaces have been called the last frontier in software de-... At the top of PAGE 55 ...IS SOFTWARE A SPECIAL CASE?... On PAGE 55 ...ming effort underlie all good software, high-quality user interfaces... On PAGE 55 ... Compared with software applications alone, said Spinrad of Xerox,... At the top of PAGE 56 ...INTELLECTUAL PROPER ISSUES IN SOFTWARE... At the top of PAGE 56 ...tures and other software layers that underlie the behavior of the in-... At the top of PAGE 57 ...IS SOFTWARE A SPECIAL CASE?... At the top of PAGE 57 ...Dyson explained, resolving the legal ferment that surrounds software... On PAGE 57 ... Is software a special case, different from other technologies in the... On PAGE 57 ... Software's characteristics- both positive and negative are relevant... At the bottom of PAGE 57 ...of software is essential for assessing how well law and technology... At the bottom of PAGE 57 ...mesh. Likewise, appreciation for the process of creating software... At the bottom of PAGE 57 ... 1. lathe Lotus Development Corporation a. Paperback Software International and Stephen-... At the bottom of PAGE 57 ...son Software, Limited (Civil Action No. 87-7~K, U.S. District Court for the District of... At the top of PAGE 58 ...marketplace for computer software might be threatened is enough...

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