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Appendixes

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Appendix A Intellectual Properly Challenges in Software Workshop Program and ParUcipants~ PROGRAM Tuesday, September 12 Opening Remarks and Introductions Lewis Branscomb 2. The Environment for Software Five Years Down the Road Paul Goldstein, Organizer & Moderator Questions: What elements of software are protected by copy- right, patents, and trade secrets? What protections and remedies are available to holders of each? How is each regime evolving in the United States? Where are current legal developments taking us, and is it a place that makes sense? What's right and what's wrong with current pro- tection systems? How well will these protection systems apply to emerging technologies? 9:00 a.m. 9:15 a.m. Workshop held September 12-13, 1989, in Room GR 130, National Academy of Sciences, 2001 Wisconsin Avenue, N.W., Washington, D.C 101

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102 INTELLECTUAL PROPERTY ISSUES IN SOFTWARE Opening remarks by Paul Goldstein Panelists: Pamela Samuelson Donald Chisum Robert Spinrad Emory School of Law University of Washington Xerox Corporation 3. Software Protection From Various Vantage Points 11:00 a.m. Mitchell Kapor, Organizer & Moderator Questions: Assessment of the environment for software from various perspectives: small companies large companies integrated companies Is financial return to developers the only or the most effective incentive for getting good work done? Where is the balance between the relative impor- tance of original prototype creation and the process of turning prototypes into products? Does that have any ramifications for forms of protection? What happens as commercial software standards begin to emerge? Opening remarks by Mitchell Kapor Panelists: Esther Dyson Nat Goldhaber Lee Keel Harry Reinstein 4. What's Special About Software? EDventure Holdings, Inc. The Cole Gilburne Fund Vanguard Atlantic, Limited Aion Corporation Anita [ones, Organizer & Moderator A. Case Studies Questions: What was developed? What was the essence you wished to protect? What legal method was selected for that protection? 1:45 p.m.

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APPENDIX A How well did it work? What were the benefits, problems with it? Opening remarks by Anita Jones Panelists: Charles Geschke John Muskivitch Norris van den Berg B. Discussion Questions: Adobe Systems, Inc. The MacNeal-Schwendler Corporation IBM Corporation What is the essence of software creation as an intellectual activity? Where is the effort in software? How is the art of writing software likely to change in the future? Are legal approaches relevant to technical realities? Opening remarks by Anita Jones Panelists: Randall Davis Gideon Frieder Mitchell Kapor Wednesday, September 13 Massachusettes Institute of Technology Syracuse University ON Technology, Inc. 5. Differences in Legal Systems Worldwide Paul Goldstein, Organizer & Moderator Questions: What are the differences and similarities in inter- national patent, copyright, and trade secret law? What are current issues affecting international pro- tection? What factors affect these differences and similarities? How do they affect us? Panelists: Dennis Karjala Michael Keplinger 103 3:00 p.m. 9:00 a.m. Arizona State University Patent & Trademark Office

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104 6. Other Forces Affecting Software Peter Schneider, Organizer & Moderator Questions: What are the forces other than protection sys- tems that affect the creation and dissemina- tion of software? What role do government policies, market forces, etc., play? Are there barriers to dissemination of knowledge and disincentives to creativity? How should we deal with the problems of protec- tion vs. standardization and need for compat- ibility? How should we balance the rewards for innova- tion with the importance of universally adopted interfaces, languages, and other functions needing standardization? Can software interfaces be defined separately from other elements of software, and if so, should they be separately protectable? Can programming languages be defined separately from other elements of software, and if so, should they be separately protectable? Opening remarks by Peter Schneider Panelists: Stanley Besen The RAND Corporation Ruann Ernst Hewlett Packard Ronald Laurie Irell & Manella 7. Open Discussion and Summary Session Lewis Branscomb, Organizer & Moderator Questions: Are the existing legal regimes satisfactory for the protection of software? Is there a case for a sui generis protection system for software? If so, what might be its characteristics? What might be the benefits/costs to such an approach? Should there be different systems for different types INTELLECTUAL PROPERTY ISSUES IN SOFTWARE 10:15 a.m. 1:30 p.m.

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APPENDIX A Panelists: Terome Reichman Michael Remington Steering Committee: Lewis M. Branscomb Paul Goldstein Anita K. Jones Mitchell D. Kapor Michael O. Rabin Peter R. Schneider of software (applications, systems, languages, tools, databases, and so on)? Different approaches for different phases of work (conception, algorithms, code)? Are there articulable ideas that might make a pos- itive difference in the evolution of legal protec- tion for software? How can communication be improved between software developers and policymakers/judges/ lawyers? 8. Closing remarks by Lewis Branscomb Vanderbilt University House Judiciary Committee Harvard University Stanford Law School University of Virginia On Technology, Inc. Harvard University IBM Corporation PARTICIPANTS Henry Beck Lord Day & Lord, Barrel Smith Mark Bello Alexandria, Virginia Stanley M. Besen The RAND Corporation Marjory S. Blumenthal National Research Council Lewis M. Branscomb (Chair) Harvard University Donald S. Chisum University of Washington Randall Davis Massachusetts Institute of Technology Esther Dyson EDventure Holdings, Inc. 105 3:30 p.m. Ruann Ernst Hewlett-Packard Francis D. Fisher Cambridge, Massachusetts Gideon Frieder Syracuse University Charles Geschke Adobe Systems Incorporated Nat Goldhaber The Cole Gilburne Fund Paul Goldstein Stanford Law School Allen R. Grogan Blanc Gilburne Williams & Johnston C.K. Gunsalus University of Illinois

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106 Bertram Herzog Center for Information Technology Integration Anita K. Jones University of Virginia Brian Kahin Cambridge, Massachusetts Mitchell D. Kapor ON Technology, Inc. Dennis S. Karjala Arizona State University Ernest E. Keet Vanguard Atlantic Ltd. Michael S. Keplinger U.S. Patent & Trademark Office Ronald S. Laurie Irell & Manella L. Thorpe McCarty Rutgers University John Muskivitch The MacNeal-Schwendler Corporation INTELLECTUAL PROPERTY ISSUES IN SOFTWARE Susan H. Nycum Baker & McKenzie Michael O. Rabin Harvard University Jerome H. Reichman Vanderbilt University Harry C. Reinstein Aion Corporation Michael J. Remington U.S. House of Representatives Pamela Samuelson Emory University School of Law Peter R. Schneider IBM Corporation John F. Shoch Asset Management Company Robert Spinrad Xerox Corporation Norris van den Berg IBM Corporation