NCJ Number
52587
Journal
LAW AND COMPUTER TECHNOLOGY Volume: 12 Issue: 1 Dated: (1ST QUARTER 1979) Pages: 3-28
Date Published
1979
Length
26 pages
Annotation
AN INTERNATIONAL PERSPECTIVE ON LEGAL PROTECTION FOR COMPUTER SOFTWARE -- STATUS, PROBLEMS, NEEDS -- IS PRESENTED IN AN ARTICLE FROM A JOURNAL OF THE WORLD PEACE THROUGH LAW CENTER.
Abstract
TWO MAJOR QUESTIONS ARE ADDRESSED: (1) WHAT FORM OF LEGAL PROTECTION FOR COMPUTER PROGRAMS AT THE NATIONAL LEVEL IS MOST APPROPRIATE, FROM THE POINTS OF VIEW OF BOTH DEVELOPING COUNTRIES AND PRODUCERS OF SOFTWARE; AND (2) WHAT NEW INTERNATIONAL ARRANGEMENTS OR MODIFICATIONS OF EXISTING ARRANGEMENTS ARE CALLED FOR. EXISTING INTERNATIONAL STANDARDS AND AGREEMENTS PERTAINING TO SOFTWARE PROTECTION ARE REVIEWED AND FOUND WANTING. THE MAJOR PROTECTION MECHANISMS ARE AGREEMENTS REGARDING TRADE SECRETS AND UNFAIR COMPETITION. PROBLEMS IN PROTECTING SOFTWARE AS TRADE SECRETS (LACK OF PUBLIC DISCLOSURE OF PROGRAMS, DIFFICULTY IN MAINTAINING SOCIETAL CONTROL OVER TRADE SECRETS, LACK OF UNIFORMITY IN NATIONAL LAWS, LACK OF CERTAINTY IN THE LAW ON TRADE SECRETS, IMPEDIMENTS TO LICENSING) ARE POINTED OUT, AS ARE PROBLEMS FOR BOTH IMPORTING AND EXPORTING COUNTRIES ASSOCIATED WITH GOVERNMENT RESTRICTIONS ON TECHNOLOGY TRANSFER. REASONS FOR ISSUING PATENTS (INVENTOR'S RIGHT TO THEIR CREATIONS, INCENTIVE TO INVENTIVE ACTIVITY, ENCOURAGEMENT OF DISCLOSURE) ARE EXPLORED FOR THEIR APPLICATIONS AS RATIONALE FOR COMPUTER SOFTWARE PROTECTION. THE INTERESTS OF COUNTRIES AT VARIOUS STAGES OF COMPUTERIZATION IN SOFTWARE PROTECTION ARE IDENTIFIED. THE RANGE OF SCHEMES PROPOSED FOR PROGRAM PROTECTION IS NOTED, AND THE FUNDAMENTAL ELEMENTS OF A PROTECTION PROPOSAL BY THE INTERNATIONAL BUSINESS MACHINES CORPORATION ARE OUTLINED. THE ESTABLISHMENT OF AN INTERNATIONAL AGENCY TO OVERSEE SOFTWARE REGISTRATION AND PROTECTION MECHANISMS AND TO SEE THAT SUCH EFFORTS ARE TIED TO A PLAN FOR DEVELOPMENT ASSISTANCE IS SUGGESTED. (LKM)