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CLEAN ROOM PROCEDURE IN COMPUTER SOFTWARE DEVELOPMENT: AVOIDING COPYRIGHT INFRINGEMENT-Priyanga .GAltacit Global
Computer Software is protected under 3 different IP heads:
Indian Copyright Act, 1957 ,[object Object],Literary works includes “computer programmes, tables and compilations  including computer literary data bases”. ,[object Object],    Computer program is a “set of instructions expressed in words, codes, schemes or in any other form, including a machine readable medium, capable of causing a computer to perform a particular task or achieve a particular results”.
Copyrightable Subject matters  	Original works of Authorship  	Fixation in a Tangible Form Works not protected under copyright:  	Facts    Work created by Government .   	Works not fixed in a tangible form  	Ideas, concepts or principles  	Works in the public domain
What are the rights granted to the owner of computer software?  	Reproduction  	Performance  	Translate  	Adapt  	Issue copies  	Sell   	Give on commercial rental   	Copyright infringement exists if you exercise one or more of the above said exclusive rights held by a copyright owner without the lawful owners permission.
What amounts to infringement of Computer Software? ,[object Object]
Any person not being a licensed user, does any act  	related to the exclusive rights of the owner of 	the  	copyright without his permission.
It is not necessary that the entireoriginal work be 	copied for an  infringement of the reproduction right  	to  occur. All that is necessary is that the copying be 	"substantial and  material.",[object Object],[object Object]
[object Object]
 	Defeats the “proof of access” element.
 	Clean room procedure is a way to avoid 	infringement when writing a program similar 	to another program. 	The Plaintiff, ,[object Object]
 	It is enough to prove that the accused party  	had access to the code.

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Clean room procedure in software development

  • 1. CLEAN ROOM PROCEDURE IN COMPUTER SOFTWARE DEVELOPMENT: AVOIDING COPYRIGHT INFRINGEMENT-Priyanga .GAltacit Global
  • 2. Computer Software is protected under 3 different IP heads:
  • 3.
  • 4. Copyrightable Subject matters Original works of Authorship Fixation in a Tangible Form Works not protected under copyright: Facts Work created by Government . Works not fixed in a tangible form Ideas, concepts or principles Works in the public domain
  • 5. What are the rights granted to the owner of computer software? Reproduction Performance Translate Adapt Issue copies Sell Give on commercial rental Copyright infringement exists if you exercise one or more of the above said exclusive rights held by a copyright owner without the lawful owners permission.
  • 6.
  • 7. Any person not being a licensed user, does any act related to the exclusive rights of the owner of the copyright without his permission.
  • 8.
  • 9.
  • 10. Defeats the “proof of access” element.
  • 11.
  • 12. It is enough to prove that the accused party had access to the code.
  • 13.
  • 14. CASE STUDY: Nordstrom Consulting, Inc. v. M&S Technologies, Inc. (N.D. Ill. 2008).

Editor's Notes

  1. Facts do not contain authorship. Even if you had spent n. number of years to find out something for eg. Clinton’s phone number, georgebushsadress. Facts even not to anyone cannot be copyrighted.Ideas, Concepts, PrinciplesIn no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.Public domain:Eg. Bible created even before the CR Laws and PAtents