Source Code, Object Code, and The Da Vinci Code: The Debate on Intellectual Property Protection for Software Programs
Neelakantan, Murali; Armstrong, Alex
Computer and Internet Lawyer
10-01-2006
Jump to best part of documentYour Summary Note
For many years, the courts in England and the United States have tried to balance the protection of an author's skill and labor with the competing notion of a free market in which ideas are adapted in the search for newer and better products. It is sometimes argued that "what is worth copying is worth protecting." This statement is only a crude approximation of the central theme in a debate that remains as controversial now as it was 25 years ago-the suitability of a copyright or a patent-based regime for software programs.
For purposes of this article, we have restricted our analysis to the two markets that are likely to be of most interest to the reader-the United States and the United Kingdom. The debate has, however, taken on truly global proportions, with new and exciting markets (and competitive pressures) emanating from the Far East, India, and China most notably. The questions asked in this article are designed therefore to apply globally.
Copyright in Software Programs
The ease with which copyright is granted sometimes betrays its limitations. Is copyright still "fit for purpose" as the global market for software continues its inexorable expansion?
In order to answer this question, this section will seek to:
* Examine the existing state of copyright law as it applies to software programs; and
* Determine whether current copyright law remains flexible enough to capture the dramatic changes to the methods used by developers to create software programs.
The English Law of Copyright
The English law of copyright is often described as drawing clear dividing lines between the idea (which is not protectable per se) and the expression of an idea (which would be). This is a misleading simplification of the relevant provision of the Copyright, Designs and Patent Act 1988,1 which requires that a work be recorded "in writing or otherwise"2 before it can be afforded the protection of copyright. The law says that copyright is infringed if (a) there has been actual copying, and (b) a "substantial part" of the work has been taken. What amounts to a "substantial part" is a question of fact and degree and is the question that has exercised the courts most in the field of computer software.
In Cantor Fitzgerald v. Tradition (UK),3 the court considered whether the developers of a rival bond-broking application had infringed the copyright in the claimant's program. The defendants were ex-employees of the claimant and had used an earlier version of the claimant's program as a reference for their own application. The court also found that the defendants had copied a small portion (3.3 percent) of the claimant's code into the defendants' own program. The judge held on the facts that there had been specific inst.
Just Intellectuals Newsletter (March 2017 ed)Kristy Downing
The Supreme Court issued a unanimous decision in Life Technologies v. Promega regarding the interpretation of "substantial portion" under 35 USC §271(f)(1). The Court held that (1) "substantial portion" refers to a quantitative, not qualitative, measure and (2) exporting a single component is insufficient to create liability without being tailored for infringement under §271(f)(2). However, the Court did not specify how many components would need to be exported to be considered a "substantial portion."
ReferencesKahnke, R. E., Bundy, K. L., & Long, R. J. (2015). Key.docxsodhi3
References
Kahnke, R. E., Bundy, K. L., & Long, R. J. (2015). Key Developments in Trade Secrets Litigation. Business Torts Journal, 22(2), 7-12.
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Key Developments in Trade Secrets Litigation
ARTICLES
Keywords: litigation; business torts; trade secrets; damages; patents; Defend Trade Secrets Act; Trade Secrets Protection Act
Trade secrets continue to increase in importance as companies and the U.S. government are focusing attention on their value and protection. This past year has brought a number of significant developments in trade secrets law. In this article, we highlight five of them: (1) the need to protect trade secrets during litigation, and the potential consequences of not doing so (i.e., the DuPont reversal); (2) the growing importance of specifically identifying trade secrets early in litigation; (3) the narrowing of patentable subject matter for software and the alternative of trade secret protection; (4) increasing support for passage of a federal civil trade secrets law; and (5) the continuing trend toward large damages awards and settlements in trade secrets cases.
The Reversal of a Massive Verdict on the Basis of Disclosure in Prior Litigation
When discussing reasonable efforts to protect trade secrets, the discussion typically focuses on the efforts taken by the company during its normal course of business. Equally important, however, are the reasonable efforts taken to protect trade secrets during litigation. Unsealed filings and public presentations in the course of past litigation can lead to a finding that the "trade secret" in question is no longer secret in future litigation, costing clients massive judgments. Such was the case in E.I. DuPont De Nemours & Co. v. Kolon Industries, Inc., 564 F. App'x 710, 714 (4th Cir. 2014).
In DuPont, the Fourth Circuit reversed a nearly $1 billion jury verdict on the basis of the lower court's evidentiary ruling. DuPont sued Kolon under the Virginia Uniform Trade Secrets Act, alleging that Kolon hired former DuPont employees in an effort to acquire its trade secrets related to the production of Kevlar, a proprietary DuPont product. At trial, Kolon intended to introduce evidence showing that a number of the alleged trade secrets at issue in the case involved publicly available information. Specifically, Kolon sought to demonstrate that DuPont had disclosed the trade secrets in the course of a 1980s intellectual property litigation between DuPont and a competitor called AkzoNobel.
According to Kolon, the Akzo litigation was a "widely publicized patent dispute" in which DuPont "disclosed vast amounts of technical information about the Kevlar manufacturing process-beyond its patent disclosures-in open court and public filings." Kolon contended that 42 of the 149 trad ...
The document discusses recent developments in patent law regarding software and business methods in the US, UK, and Europe. It summarizes the US Federal Circuit's "machine-or-transformation" test established in In re Bilski, questions referred to the European Patent Office regarding software patentability, and similarities and differences between the laws in various jurisdictions. The key developments are:
1) The US Federal Circuit adopted the "machine-or-transformation" test for determining patent eligibility of software and business methods.
2) The UK Court of Appeal sought to harmonize UK and European law by taking a broader view of software patentability.
3) The European Patent Office president referred questions to the Enlarged Board of
This document discusses conflict of laws in intellectual property rights (IPR). It begins by defining IPR and explaining why states create laws to protect intellectual creations through monopoly rights for creators. As technology has reduced national boundaries, courts increasingly face conflicts between IPR laws of different countries. Private international law is important because IPR issues now extend beyond nations. The principle of territoriality and its absence in today's globalized world can create conflicts. The document examines jurisdictional roles and choices of law in resolving international IPR disputes.
This document explains the issues associated with obtaining software patent authorization by the United States Patent and Trademark Office as a result of the SCOTUS decision in Alice Corporation versus CLS Bank International.
This document summarizes an article that examines the validity of intellectual property (IP) carve-outs in arbitration clauses in light of recent legal developments. It discusses how IP carve-outs are commonly used to exclude IP issues from arbitration, but cites justifications for this are weakening. Recent court rulings have made interim injunctions in IP disputes more difficult to obtain, and separating IP issues from other contractual issues is challenging, leading to prolonged disputes. Additionally, arbitration institutions have strengthened rules for interim relief in IP matters. Therefore, the document concludes IP carve-outs may not provide intended benefits and add unnecessary costs and delays.
Presented at Kansas City Bar Association on October 23, 2018 by John Bednarz during CLE: Patent Law Update, Recent Subject Matter Eligibility Decisions and Trends at the USPTO.
This document discusses the patentability of computer software and business methods. It begins by defining software and describing source code and object code. It then discusses copyright protection for software internationally and in Europe. While software is protected by copyright, patents provide broader protection for the functional aspects and ideas behind software. The document outlines various tests used in different jurisdictions to determine what is an unpatentable "idea" versus patentable expression. It also discusses the expansion of patentable subject matter in the US to include business methods and algorithms following cases like State Street. However, more recent cases have made patentability a higher bar. The rising costs of patent trolls is also addressed.
Just Intellectuals Newsletter (March 2017 ed)Kristy Downing
The Supreme Court issued a unanimous decision in Life Technologies v. Promega regarding the interpretation of "substantial portion" under 35 USC §271(f)(1). The Court held that (1) "substantial portion" refers to a quantitative, not qualitative, measure and (2) exporting a single component is insufficient to create liability without being tailored for infringement under §271(f)(2). However, the Court did not specify how many components would need to be exported to be considered a "substantial portion."
ReferencesKahnke, R. E., Bundy, K. L., & Long, R. J. (2015). Key.docxsodhi3
References
Kahnke, R. E., Bundy, K. L., & Long, R. J. (2015). Key Developments in Trade Secrets Litigation. Business Torts Journal, 22(2), 7-12.
<!--Additional Information:
Persistent link to this record (Permalink): https://lopes.idm.oclc.org/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=102831068&site=eds-live&scope=site
End of citation-->
Key Developments in Trade Secrets Litigation
ARTICLES
Keywords: litigation; business torts; trade secrets; damages; patents; Defend Trade Secrets Act; Trade Secrets Protection Act
Trade secrets continue to increase in importance as companies and the U.S. government are focusing attention on their value and protection. This past year has brought a number of significant developments in trade secrets law. In this article, we highlight five of them: (1) the need to protect trade secrets during litigation, and the potential consequences of not doing so (i.e., the DuPont reversal); (2) the growing importance of specifically identifying trade secrets early in litigation; (3) the narrowing of patentable subject matter for software and the alternative of trade secret protection; (4) increasing support for passage of a federal civil trade secrets law; and (5) the continuing trend toward large damages awards and settlements in trade secrets cases.
The Reversal of a Massive Verdict on the Basis of Disclosure in Prior Litigation
When discussing reasonable efforts to protect trade secrets, the discussion typically focuses on the efforts taken by the company during its normal course of business. Equally important, however, are the reasonable efforts taken to protect trade secrets during litigation. Unsealed filings and public presentations in the course of past litigation can lead to a finding that the "trade secret" in question is no longer secret in future litigation, costing clients massive judgments. Such was the case in E.I. DuPont De Nemours & Co. v. Kolon Industries, Inc., 564 F. App'x 710, 714 (4th Cir. 2014).
In DuPont, the Fourth Circuit reversed a nearly $1 billion jury verdict on the basis of the lower court's evidentiary ruling. DuPont sued Kolon under the Virginia Uniform Trade Secrets Act, alleging that Kolon hired former DuPont employees in an effort to acquire its trade secrets related to the production of Kevlar, a proprietary DuPont product. At trial, Kolon intended to introduce evidence showing that a number of the alleged trade secrets at issue in the case involved publicly available information. Specifically, Kolon sought to demonstrate that DuPont had disclosed the trade secrets in the course of a 1980s intellectual property litigation between DuPont and a competitor called AkzoNobel.
According to Kolon, the Akzo litigation was a "widely publicized patent dispute" in which DuPont "disclosed vast amounts of technical information about the Kevlar manufacturing process-beyond its patent disclosures-in open court and public filings." Kolon contended that 42 of the 149 trad ...
The document discusses recent developments in patent law regarding software and business methods in the US, UK, and Europe. It summarizes the US Federal Circuit's "machine-or-transformation" test established in In re Bilski, questions referred to the European Patent Office regarding software patentability, and similarities and differences between the laws in various jurisdictions. The key developments are:
1) The US Federal Circuit adopted the "machine-or-transformation" test for determining patent eligibility of software and business methods.
2) The UK Court of Appeal sought to harmonize UK and European law by taking a broader view of software patentability.
3) The European Patent Office president referred questions to the Enlarged Board of
This document discusses conflict of laws in intellectual property rights (IPR). It begins by defining IPR and explaining why states create laws to protect intellectual creations through monopoly rights for creators. As technology has reduced national boundaries, courts increasingly face conflicts between IPR laws of different countries. Private international law is important because IPR issues now extend beyond nations. The principle of territoriality and its absence in today's globalized world can create conflicts. The document examines jurisdictional roles and choices of law in resolving international IPR disputes.
This document explains the issues associated with obtaining software patent authorization by the United States Patent and Trademark Office as a result of the SCOTUS decision in Alice Corporation versus CLS Bank International.
This document summarizes an article that examines the validity of intellectual property (IP) carve-outs in arbitration clauses in light of recent legal developments. It discusses how IP carve-outs are commonly used to exclude IP issues from arbitration, but cites justifications for this are weakening. Recent court rulings have made interim injunctions in IP disputes more difficult to obtain, and separating IP issues from other contractual issues is challenging, leading to prolonged disputes. Additionally, arbitration institutions have strengthened rules for interim relief in IP matters. Therefore, the document concludes IP carve-outs may not provide intended benefits and add unnecessary costs and delays.
Presented at Kansas City Bar Association on October 23, 2018 by John Bednarz during CLE: Patent Law Update, Recent Subject Matter Eligibility Decisions and Trends at the USPTO.
This document discusses the patentability of computer software and business methods. It begins by defining software and describing source code and object code. It then discusses copyright protection for software internationally and in Europe. While software is protected by copyright, patents provide broader protection for the functional aspects and ideas behind software. The document outlines various tests used in different jurisdictions to determine what is an unpatentable "idea" versus patentable expression. It also discusses the expansion of patentable subject matter in the US to include business methods and algorithms following cases like State Street. However, more recent cases have made patentability a higher bar. The rising costs of patent trolls is also addressed.
The document discusses how the U.S. patent system has struggled to balance patent rights and preventing abuse. Recent legislation and court rulings aimed to curb frivolous lawsuits led to concerns the system favored accused infringers over patent owners. However, new court decisions indicate the pendulum may be shifting back toward balance, finding the right amount of power for both patent owners and accused infringers.
Drafting software development contracts governed by U.S. law - Andriy KavatsyukUBA-komitet
Засідання Комітету АПУ з питань телекомунікацій, інформаційних технологій та Інтернету і комітету IT-права Lviv IT Cluster «Особливості укладення зовнішньо-економічних договорів у сегменті ІТ», 14 травня 2016 року, м. Львів
AI copyright notice by USA Copyright Office (March 10, 2023)Simone Aliprandi
Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence (document published on March 10, 2023 by the USA Copyright Office)
COPYRIGHT INFRINGEMENTWhen a copyright holder pursues a party th.docxmaxinesmith73660
COPYRIGHT INFRINGEMENT
When a copyright holder pursues a party that it believes has infringed on its copyright, the
aggrieved party will generally pursue one of three theories of infringement. These theories
have been developed by the federal courts to sort out the various ways by which one could
infringe upon a copyright. These theories are direct, indirect (also known as contributory ),
or vicarious infringement.
Direct Infringement
Direct infringement occurs when the copyright owner can prove legal ownership of the
work in question and that the infringer copied the work without permission. While the
first element is straightforward, the second element is more complex than appears at first
glance. In the context of the copyright protections afforded by law, it is clear that the word
copied must have an expansive definition rather than a narrow one (i.e., copy means more
than an exact replica). At the same time, of course, the definition cannot be so expansive as
to foreclose any works of the same category.
Courts have developed the substantial similarity standard to guide the definition of
copy under copyright laws. Thus, a copyright holder need only prove that the infringer
copied plots, structures, and/or organizations that made the infringing work substantially
similar to the copyrighted work.
Indirect Infringement
Indirect infringement (also known as contributory infringement ) involves three parties:
the copyright owner, the direct infringer, and the facilitator of the infringement.
The theory of indirect infringement is one that holds the facilitator liable for damages.
Therefore, before pursuing a theory of indirect infringement, the copyright owner must
identify the direct infringer. Normally, in order for the facilitator to be liable, the party
must have knowledge (direct or imputed) of the infringement and/or contribute to the
infringement in some material way. In the famous case of A&M Records, Inc. v. Napster,
Inc., 11 a federal appeals court held that Napster’s business model of facilitating a peerto-
peer community for sharing of digital music files constituted contributory infringement
because Napster had the ability to locate infringing material listed on its searchengines and the right to terminate users’ access to the system. Digital file sharing is
discussed more extensively later in this section (see Legal Implications in Cyberspace:
Copyrights in the Digital Age).
Vicarious Infringement
The final copyright infringement theory, vicarious infringement, is similar to the indirect
infringement theory in that they both involve third parties not involved in actual direct
infringement. Vicarious liability is based on agency law (see Chapter 10, “Agency and
Employment Relationships”) and can be used as a theory of liability when the infringing
party (the agent) is acting on behalf of or to the benefit of another party (the principal).
In that case, the principal party is said to be vicariously liable. The copyright owner will
b.
This document proposes a "Common Stock Theory" test for determining patent eligibility. It begins by discussing the U.S. court case In re Petrus A.C.M. Nuijten, which dealt with patent eligibility of a signal encoding technique. The document then lays out the foundations and principles of the proposed Common Stock Theory test, which is intended to provide a consistent methodology for determining patent eligibility grounded in fundamental patent law principles. The theory is based on Jeffersonian philosophy around encouraging innovation and the expanding scope of patent eligibility established in court cases like Diamond v. Chakrabarty.
The document discusses the doctrine of equivalents in patent law. The doctrine allows a court to find infringement even if the accused device does not literally infringe a patent claim, if it is equivalent to the claimed invention. It provides that an equivalent device performs substantially the same function in substantially the same way to achieve substantially the same result. The doctrine balances protecting patent holders' inventions with providing clear notice of a patent's scope.
The document summarizes the Supreme Court's 2010 decision in Bilski v. Kappos regarding business method patents. The Court ruled that the "machine-or-transformation" test was not the sole test for determining patent eligibility but was still a useful tool. However, four justices would have banned business method patents altogether. The Court provided little additional guidance and left many questions unanswered, ensuring further debate around the patent eligibility of software, business methods, and other technologies. Litigators are expected to increasingly challenge such patents based on subject matter eligibility and obviousness.
FINAL SBOT 2015 Advanced IP INTELLECTUAL PROPERTY LAW WORKSHOPWei Wei Jeang
This document summarizes an intellectual property law workshop presentation on patent eligibility under 35 U.S.C. 101 given by Wei Wei Jeang. The summary discusses key Supreme Court cases like Alice, Mayo, Bilski, Diehr that have shaped the patent eligibility landscape. It also reviews the USPTO's 2014 interim eligibility guidance, which outlines a two-step analysis for determining eligibility including whether the claims are directed to an abstract idea and whether there is an inventive concept.
This document discusses the history of patent law regarding living organisms, biotechnology, software, and computer processes. It provides an overview of several important court cases that helped establish whether these types of innovations could be patented or not. The document examines the distinction between discoveries/ideas versus novel processes/products, and how courts have evaluated patents in these complex technical fields over time.
This document discusses the copyright fair use defense. It explains that copyright laws were designed to protect creative works while also allowing for limited use of those works under the fair use doctrine. The fair use doctrine is analyzed using the four factors in US copyright law: (1) the purpose and commercial nature of the use, (2) the nature of the copyrighted work, (3) the amount of the work used, and (4) the effect on the work's potential market. Common examples of fair use are commentary, criticism, and parody, with parody being given wide leeway by courts even if commercial. A landmark parody case established that fair use must be decided on a case-by-case basis considering the four factors.
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this Issue:
• Double Patenting Applies With Distinct Inventive Entities
• Inducement Judgment Remanded in Light of Akamai
• First Sale Doctrine Applies to Sales Made Abroad
This document provides an overview of copyright protection for computer programs and software under Irish and EU law. Some key points covered include:
- Copyright automatically protects original software and computer programs without any formal registration. Protection lasts for the author's lifetime plus 70 years.
- While ideas and functionality cannot be copyrighted, the specific code and expression can be. Reproducing all or substantial parts of a program is infringement.
- Employers own the copyright for works created by employees within the scope of their employment.
- Temporary copies made during normal use of a program, such as loading into RAM, are allowed under copyright law. Other provisions address error correction, backup copies, and caching.
- Reverse engineering
Copyright Protection of a Software as a Work with Functional ElementsJan Lindberg
Presentation held on 6th November 2015 in ITechLaw's European Conference in London where I led ITechLaw's IP Committee's workshop. We discussed the recent decisions affecting protection of functional elements of computer programs via copyright in light of SAS v. WPL and Oracle v. Google cases, as well as the related Finnish case law. In this interactive session we covered copyright protection for functionalities in computer programs, programming languages, interfaces, and several other interesting topics comparing EU and US regimes, also covering right to contractually limit information in public domain in IT sector and other fields. Statements were intentionally provocative to facilitate discussions so these do not necessarily represent my personal views.
The document discusses several key legal aspects and issues related to digital forensics. It outlines how digital forensics experts must consider existing laws when monitoring and collecting computer evidence. It also explains that proving possession of prohibited digital materials found on a computer involves establishing knowledge and control, which can be challenging. Additionally, it notes that electronic discovery and digital forensics both involve preserving and analyzing digital information, but that digital forensics experts perform the analysis while electronic discovery experts provide information to legal teams for analysis.
This article examines how US courts have interpreted the essential facilities doctrine in competition law cases. The doctrine generally holds that an entity controlling a facility essential for competition must provide access to competitors on reasonable terms. However, US courts have applied the doctrine very narrowly. To succeed, plaintiffs must show the defendant's denial of access completely eliminates competition, not just provides advantages. Courts also reject claims if competitors can achieve some market share without the facility or can reasonably duplicate it. The author analyzes relevant US case law and concludes courts are reluctant to use the essential facilities doctrine to require sharing intellectual property. A similarly narrow interpretation may be emerging in the EU as well.
An initial examination of computer programs as creative works.pdfLisa Muthukumar
This study examined whether computer programs can be considered creative works. The researchers collected programs written by 23 advanced graduate students to solve simple and complex bioinformatics problems. The programs were assessed for variability of expression using a new measurement called the Program Control and Descriptive Variables assessment. They were also evaluated for elements of creativity using a modified version of Cropley and Kaufman's Creative Solution Diagnosis Scale. For the complex problem, programs showed higher ratings of propulsion-genesis and problematization and there was more variability between solutions. This suggests computer programs demonstrate qualities of creative works like other creative products, with complexity influencing the level of creativity. The study provides initial evidence that computer programs count as creative works.
The document discusses intellectual property, copyright, and related legal issues. It provides an overview of what is covered by copyright, including economic rights like reproduction and distribution rights, as well as moral rights of attribution and integrity. It outlines recent changes and developments in copyright law through international agreements and legislation in Australia. Current legal cases involving internet piracy and fair use of headlines are also summarized. Alternative approaches to copyright like copyleft and Creative Commons are mentioned.
The document discusses intellectual property law in California. It summarizes that Congress has the power to establish patent and copyright laws, while states can pass additional laws to protect intellectual property. California specifically allows for actions related to conversion, misappropriation, and breach of contract regarding intellectual property. The document also discusses how the California Attorney General's office investigates antitrust cases involving intellectual property and prosecutes intellectual property crimes.
In this unit, you will experience the powerful impact communication .docxwhitneyleman54422
This document provides instructions for an assignment requiring students to download a template, follow the instructions in the template to complete an analysis of communication concepts relating to cultural diversity, and demonstrate their understanding through in-text citations and references in APA format.
In this task, you will write an analysis (suggested length of 3–5 .docxwhitneyleman54422
In this task, you will write an analysis (
suggested length of 3–5 pages
) of one work of literature. Choose
one
work from the list below:
Classical Period
• Sappho, “The Anactoria Poem” ca. 7th century B.C.E. (poetry)
• Aeschylus, “Song of the Furies” from
The Eumenides
, ca. 458 B.C.E. (poetry)
• Sophocles,
Antigone
, ca. 442 B.C.E. (drama)
• Aristotle, Book 1 from the
Nichomachean Ethics
, ca. 35 B.C.E. (philosophical text)
• Augustus,
The Deeds of the Divine Augustus
, ca. 14 C.E. (funerary inscription)
• Ovid, “The Transformation of Daphne into a Laurel” an excerpt from Book 1 of
The Metamorphoses
, ca. 2 C.E. (poetry)
Renaissance
• Francesco Petrarch, “The Ascent of Mount Ventoux” 1350 (letter)
• Giovanni Pico della Mirandola, the first seven paragraphs of the “Oration on the Dignity of Man” ca. 1486 (essay excerpt)
• Leonardo da Vinci, Chapter 28 “Comparison of the Arts” from
The Notebooks
ca. 1478-1518 (art text)
• Edmund Spenser, Sonnet 30, “My Love is like to Ice” from
Amoretti
1595 (poetry)
• William Shakespeare, Sonnet 18, “Shall I Compare Thee to a Summer’s Day” 1609 (poetry)
• Francis Bacon, “Of Studies” from
The Essays or Counsels…
1625 (essay)
• Anne Bradstreet, “In Honour of that High and Mighty Princess, Queen Elizabeth” 1643 (poetry)
• Andrew Marvell, “To his Coy Mistress” 1681 (poetry)
Enlightenment
• René Descartes, Part 4 from
Discourse on Method
, 1637 (philosophical text)
• William Congreve,
The Way of the World
, 1700 (drama-comedy)
• Jonathan Swift, “A Modest Proposal” 1729 (satirical essay)
• Voltaire, “Micromégas” 1752 (short story, science fiction)
• Phillis Wheatley, “To S.M., a Young African Painter, on Seeing his Works” 1773 (poetry)
• Thomas Paine, “Common Sense” 1776 (essay)
• Johann Wolfgang von Goethe, “The Fisherman” 1779 (poetry)
• Immanuel Kant, “An Answer to the Question: What is Enlightenment?” 1784 (essay)
Romanticism
• Lord Byron, “She Walks in Beauty” 1813 (poetry)
• Samuel Taylor Coleridge, “Kubla Khan” 1816 (poetry)
• Edgar Allan Poe, “The Fall of the House of Usher” 1839 (short story)
• Alexander Dumas,
The Count of Monte Cristo
, 1844 (novel)
• Emily Brontë,
Wuthering Heights
, 1847 (novel)
• Herman Melville, “Bartleby, the Scrivener: A Story of Wall-Street” 1853 (short story)
• Emily Dickinson, “A Narrow Fellow in the Grass” 1865 (poetry)
• Friedrich Nietzsche, Book 4 from
The Joyful Wisdom
, 1882 (philosophical text)
Realism
• Charles Dickens,
A Christmas Carol
, 1843 (novella)
• Karl Marx and Friedrich Engles,
The Communist Manifesto
, 1848 (political pamphlet)
• Christina Rossetti, “Goblin Market” 1862 (poetry)
• Matthew Arnold, “Dover Beach” 1867 (poetry)
• Robert Louis Stevenson,
The Strange Case of Dr. Jekyll and Mr. Hyde
, 1886 (novella)
• Kate Chopin, “The Story of an Hour” 1894 (short story)
• Mark Twain, “The.
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The document discusses how the U.S. patent system has struggled to balance patent rights and preventing abuse. Recent legislation and court rulings aimed to curb frivolous lawsuits led to concerns the system favored accused infringers over patent owners. However, new court decisions indicate the pendulum may be shifting back toward balance, finding the right amount of power for both patent owners and accused infringers.
Drafting software development contracts governed by U.S. law - Andriy KavatsyukUBA-komitet
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COPYRIGHT INFRINGEMENT
When a copyright holder pursues a party that it believes has infringed on its copyright, the
aggrieved party will generally pursue one of three theories of infringement. These theories
have been developed by the federal courts to sort out the various ways by which one could
infringe upon a copyright. These theories are direct, indirect (also known as contributory ),
or vicarious infringement.
Direct Infringement
Direct infringement occurs when the copyright owner can prove legal ownership of the
work in question and that the infringer copied the work without permission. While the
first element is straightforward, the second element is more complex than appears at first
glance. In the context of the copyright protections afforded by law, it is clear that the word
copied must have an expansive definition rather than a narrow one (i.e., copy means more
than an exact replica). At the same time, of course, the definition cannot be so expansive as
to foreclose any works of the same category.
Courts have developed the substantial similarity standard to guide the definition of
copy under copyright laws. Thus, a copyright holder need only prove that the infringer
copied plots, structures, and/or organizations that made the infringing work substantially
similar to the copyrighted work.
Indirect Infringement
Indirect infringement (also known as contributory infringement ) involves three parties:
the copyright owner, the direct infringer, and the facilitator of the infringement.
The theory of indirect infringement is one that holds the facilitator liable for damages.
Therefore, before pursuing a theory of indirect infringement, the copyright owner must
identify the direct infringer. Normally, in order for the facilitator to be liable, the party
must have knowledge (direct or imputed) of the infringement and/or contribute to the
infringement in some material way. In the famous case of A&M Records, Inc. v. Napster,
Inc., 11 a federal appeals court held that Napster’s business model of facilitating a peerto-
peer community for sharing of digital music files constituted contributory infringement
because Napster had the ability to locate infringing material listed on its searchengines and the right to terminate users’ access to the system. Digital file sharing is
discussed more extensively later in this section (see Legal Implications in Cyberspace:
Copyrights in the Digital Age).
Vicarious Infringement
The final copyright infringement theory, vicarious infringement, is similar to the indirect
infringement theory in that they both involve third parties not involved in actual direct
infringement. Vicarious liability is based on agency law (see Chapter 10, “Agency and
Employment Relationships”) and can be used as a theory of liability when the infringing
party (the agent) is acting on behalf of or to the benefit of another party (the principal).
In that case, the principal party is said to be vicariously liable. The copyright owner will
b.
This document proposes a "Common Stock Theory" test for determining patent eligibility. It begins by discussing the U.S. court case In re Petrus A.C.M. Nuijten, which dealt with patent eligibility of a signal encoding technique. The document then lays out the foundations and principles of the proposed Common Stock Theory test, which is intended to provide a consistent methodology for determining patent eligibility grounded in fundamental patent law principles. The theory is based on Jeffersonian philosophy around encouraging innovation and the expanding scope of patent eligibility established in court cases like Diamond v. Chakrabarty.
The document discusses the doctrine of equivalents in patent law. The doctrine allows a court to find infringement even if the accused device does not literally infringe a patent claim, if it is equivalent to the claimed invention. It provides that an equivalent device performs substantially the same function in substantially the same way to achieve substantially the same result. The doctrine balances protecting patent holders' inventions with providing clear notice of a patent's scope.
The document summarizes the Supreme Court's 2010 decision in Bilski v. Kappos regarding business method patents. The Court ruled that the "machine-or-transformation" test was not the sole test for determining patent eligibility but was still a useful tool. However, four justices would have banned business method patents altogether. The Court provided little additional guidance and left many questions unanswered, ensuring further debate around the patent eligibility of software, business methods, and other technologies. Litigators are expected to increasingly challenge such patents based on subject matter eligibility and obviousness.
FINAL SBOT 2015 Advanced IP INTELLECTUAL PROPERTY LAW WORKSHOPWei Wei Jeang
This document summarizes an intellectual property law workshop presentation on patent eligibility under 35 U.S.C. 101 given by Wei Wei Jeang. The summary discusses key Supreme Court cases like Alice, Mayo, Bilski, Diehr that have shaped the patent eligibility landscape. It also reviews the USPTO's 2014 interim eligibility guidance, which outlines a two-step analysis for determining eligibility including whether the claims are directed to an abstract idea and whether there is an inventive concept.
This document discusses the history of patent law regarding living organisms, biotechnology, software, and computer processes. It provides an overview of several important court cases that helped establish whether these types of innovations could be patented or not. The document examines the distinction between discoveries/ideas versus novel processes/products, and how courts have evaluated patents in these complex technical fields over time.
This document discusses the copyright fair use defense. It explains that copyright laws were designed to protect creative works while also allowing for limited use of those works under the fair use doctrine. The fair use doctrine is analyzed using the four factors in US copyright law: (1) the purpose and commercial nature of the use, (2) the nature of the copyrighted work, (3) the amount of the work used, and (4) the effect on the work's potential market. Common examples of fair use are commentary, criticism, and parody, with parody being given wide leeway by courts even if commercial. A landmark parody case established that fair use must be decided on a case-by-case basis considering the four factors.
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this Issue:
• Double Patenting Applies With Distinct Inventive Entities
• Inducement Judgment Remanded in Light of Akamai
• First Sale Doctrine Applies to Sales Made Abroad
This document provides an overview of copyright protection for computer programs and software under Irish and EU law. Some key points covered include:
- Copyright automatically protects original software and computer programs without any formal registration. Protection lasts for the author's lifetime plus 70 years.
- While ideas and functionality cannot be copyrighted, the specific code and expression can be. Reproducing all or substantial parts of a program is infringement.
- Employers own the copyright for works created by employees within the scope of their employment.
- Temporary copies made during normal use of a program, such as loading into RAM, are allowed under copyright law. Other provisions address error correction, backup copies, and caching.
- Reverse engineering
Copyright Protection of a Software as a Work with Functional ElementsJan Lindberg
Presentation held on 6th November 2015 in ITechLaw's European Conference in London where I led ITechLaw's IP Committee's workshop. We discussed the recent decisions affecting protection of functional elements of computer programs via copyright in light of SAS v. WPL and Oracle v. Google cases, as well as the related Finnish case law. In this interactive session we covered copyright protection for functionalities in computer programs, programming languages, interfaces, and several other interesting topics comparing EU and US regimes, also covering right to contractually limit information in public domain in IT sector and other fields. Statements were intentionally provocative to facilitate discussions so these do not necessarily represent my personal views.
The document discusses several key legal aspects and issues related to digital forensics. It outlines how digital forensics experts must consider existing laws when monitoring and collecting computer evidence. It also explains that proving possession of prohibited digital materials found on a computer involves establishing knowledge and control, which can be challenging. Additionally, it notes that electronic discovery and digital forensics both involve preserving and analyzing digital information, but that digital forensics experts perform the analysis while electronic discovery experts provide information to legal teams for analysis.
This article examines how US courts have interpreted the essential facilities doctrine in competition law cases. The doctrine generally holds that an entity controlling a facility essential for competition must provide access to competitors on reasonable terms. However, US courts have applied the doctrine very narrowly. To succeed, plaintiffs must show the defendant's denial of access completely eliminates competition, not just provides advantages. Courts also reject claims if competitors can achieve some market share without the facility or can reasonably duplicate it. The author analyzes relevant US case law and concludes courts are reluctant to use the essential facilities doctrine to require sharing intellectual property. A similarly narrow interpretation may be emerging in the EU as well.
An initial examination of computer programs as creative works.pdfLisa Muthukumar
This study examined whether computer programs can be considered creative works. The researchers collected programs written by 23 advanced graduate students to solve simple and complex bioinformatics problems. The programs were assessed for variability of expression using a new measurement called the Program Control and Descriptive Variables assessment. They were also evaluated for elements of creativity using a modified version of Cropley and Kaufman's Creative Solution Diagnosis Scale. For the complex problem, programs showed higher ratings of propulsion-genesis and problematization and there was more variability between solutions. This suggests computer programs demonstrate qualities of creative works like other creative products, with complexity influencing the level of creativity. The study provides initial evidence that computer programs count as creative works.
The document discusses intellectual property, copyright, and related legal issues. It provides an overview of what is covered by copyright, including economic rights like reproduction and distribution rights, as well as moral rights of attribution and integrity. It outlines recent changes and developments in copyright law through international agreements and legislation in Australia. Current legal cases involving internet piracy and fair use of headlines are also summarized. Alternative approaches to copyright like copyleft and Creative Commons are mentioned.
The document discusses intellectual property law in California. It summarizes that Congress has the power to establish patent and copyright laws, while states can pass additional laws to protect intellectual property. California specifically allows for actions related to conversion, misappropriation, and breach of contract regarding intellectual property. The document also discusses how the California Attorney General's office investigates antitrust cases involving intellectual property and prosecutes intellectual property crimes.
Similar to Source Code, Object Code, and The Da Vinci Code The Debate on Int.docx (20)
In this unit, you will experience the powerful impact communication .docxwhitneyleman54422
This document provides instructions for an assignment requiring students to download a template, follow the instructions in the template to complete an analysis of communication concepts relating to cultural diversity, and demonstrate their understanding through in-text citations and references in APA format.
In this task, you will write an analysis (suggested length of 3–5 .docxwhitneyleman54422
In this task, you will write an analysis (
suggested length of 3–5 pages
) of one work of literature. Choose
one
work from the list below:
Classical Period
• Sappho, “The Anactoria Poem” ca. 7th century B.C.E. (poetry)
• Aeschylus, “Song of the Furies” from
The Eumenides
, ca. 458 B.C.E. (poetry)
• Sophocles,
Antigone
, ca. 442 B.C.E. (drama)
• Aristotle, Book 1 from the
Nichomachean Ethics
, ca. 35 B.C.E. (philosophical text)
• Augustus,
The Deeds of the Divine Augustus
, ca. 14 C.E. (funerary inscription)
• Ovid, “The Transformation of Daphne into a Laurel” an excerpt from Book 1 of
The Metamorphoses
, ca. 2 C.E. (poetry)
Renaissance
• Francesco Petrarch, “The Ascent of Mount Ventoux” 1350 (letter)
• Giovanni Pico della Mirandola, the first seven paragraphs of the “Oration on the Dignity of Man” ca. 1486 (essay excerpt)
• Leonardo da Vinci, Chapter 28 “Comparison of the Arts” from
The Notebooks
ca. 1478-1518 (art text)
• Edmund Spenser, Sonnet 30, “My Love is like to Ice” from
Amoretti
1595 (poetry)
• William Shakespeare, Sonnet 18, “Shall I Compare Thee to a Summer’s Day” 1609 (poetry)
• Francis Bacon, “Of Studies” from
The Essays or Counsels…
1625 (essay)
• Anne Bradstreet, “In Honour of that High and Mighty Princess, Queen Elizabeth” 1643 (poetry)
• Andrew Marvell, “To his Coy Mistress” 1681 (poetry)
Enlightenment
• René Descartes, Part 4 from
Discourse on Method
, 1637 (philosophical text)
• William Congreve,
The Way of the World
, 1700 (drama-comedy)
• Jonathan Swift, “A Modest Proposal” 1729 (satirical essay)
• Voltaire, “Micromégas” 1752 (short story, science fiction)
• Phillis Wheatley, “To S.M., a Young African Painter, on Seeing his Works” 1773 (poetry)
• Thomas Paine, “Common Sense” 1776 (essay)
• Johann Wolfgang von Goethe, “The Fisherman” 1779 (poetry)
• Immanuel Kant, “An Answer to the Question: What is Enlightenment?” 1784 (essay)
Romanticism
• Lord Byron, “She Walks in Beauty” 1813 (poetry)
• Samuel Taylor Coleridge, “Kubla Khan” 1816 (poetry)
• Edgar Allan Poe, “The Fall of the House of Usher” 1839 (short story)
• Alexander Dumas,
The Count of Monte Cristo
, 1844 (novel)
• Emily Brontë,
Wuthering Heights
, 1847 (novel)
• Herman Melville, “Bartleby, the Scrivener: A Story of Wall-Street” 1853 (short story)
• Emily Dickinson, “A Narrow Fellow in the Grass” 1865 (poetry)
• Friedrich Nietzsche, Book 4 from
The Joyful Wisdom
, 1882 (philosophical text)
Realism
• Charles Dickens,
A Christmas Carol
, 1843 (novella)
• Karl Marx and Friedrich Engles,
The Communist Manifesto
, 1848 (political pamphlet)
• Christina Rossetti, “Goblin Market” 1862 (poetry)
• Matthew Arnold, “Dover Beach” 1867 (poetry)
• Robert Louis Stevenson,
The Strange Case of Dr. Jekyll and Mr. Hyde
, 1886 (novella)
• Kate Chopin, “The Story of an Hour” 1894 (short story)
• Mark Twain, “The.
In this SLP you will identify where the major transportation modes a.docxwhitneyleman54422
In this SLP you will identify where the major transportation modes are used in the EESC from SLP3: rail, inland water, ocean steamer, and/or OTR.
There are five basic transportation modes: rail, inland water ways, ocean, over-the-road, and air. We will not be concerned about air transport in this SLP as it is the least used and most expensive in general supply chain transportation.
Review and read these resources on these three transportation modes: rail, inland water, and OTR. Ocean is not included in these readings since it is mainly used for importing and exporting. This will be covered in more detail in LOG502. But you are asked to identify where ocean transport is used, but not in detail.
RESOURCES - SEE SLP 3 RESOURCES IN BACKGROUND PAGE
Session Long Project
Review the EESC from SLP2. Identify in the EESC where each of the four modes of transportation are used: rail, inland water, ocean, and OTR. You can use topic headings for each mode. Identify the materials being transported from which industry to which industry. Discuss why this mode is being used and what the costs are on a per ton-mile basis.
SLP Assignment Expectations
The paper should include:
Background:
Briefly
review and discuss the targeted product, company, and industry
Diagram: Include the diagram of the EESC
Transportation Discussion: Discuss each of the four transportation modes (rail, inland water, ocean, OTR) in the EESC and where each one is used. Discuss why this mode is used and the costs of using.
Clarity and Organization: The paper should be well organized and clearly discuss the various topics and issues in depth and breadth.
Use of references and citations: at least six (6) proper references should be used correctly, cited in the text, and listed in the references using proper APA format.
Length: The paper should be three to four pages – the body of the paper excluding title page and references page.
NOTE: You can use the transportation resources. You should also do independent research and find at least two additional appropriate references, for a total of at least six.
SLP Resources
Waterways
American Society of Civil Engineers. (2014). Report card for America’s infrastructure.
Infrastructure Report Card.
Retrieved from
http://www.infrastructurereportcard.org/fact-sheet/inland-waterways
Texas Transportation Institute. (2009). A Modal Comparison Of Domestic Freight Transportation Effects On The General Public, retrieved from
http://www.nationalwaterwaysfoundation.org/study/FinalReportTTI.pdf
U.S. Army Corps of Engineers. (2014). The U.S. Waterway System, Transportation Facts & Information; Navigation Center. Retrieved from
http://www.navigationdatacenter.us/factcard/factcard12.pdf
Railroads
Bureau of Transportation Statistics (Rail), retrieved from
https://www.bts.gov/topics/rail
USDOT (2012). Freight rail: data & resources. Retrieved on 20 Sep 2016 from
https://www.fra.dot.gov/Page/P0365
American Association of Railroads. Ret.
In this module the student will present writing which focuses attent.docxwhitneyleman54422
In this module the student will present writing which focuses attention on himself or herself (personal writing). We will start into college composition by reading a series of essays that explore the rhetorical modes of narration and decscription. If you think about your own lives, you'll note the importance of the stories that surround you. Think of your family's story, your friends' stories, and your very own story. Think of the detail that constitute these stories, of how they engage your sense of taste, touch, sound, smell, and sight. This module will focus on how you can better craft your own story and share it with others.
Competencies Addressed in this Module:
Competency #1: The student will demonstrate an understanding of the writing process by:
Choosing and limiting a subject that can be sufficiently developed within a given time, for a specific purpose, for a specific purpose and audience.
Developing and refining pre-writing and planning skills.ormulating the main point to reflect the subject and purpose of the writing.
Formulating the main point to reflect the subject and purpose of the writing.
Supporting the main point with specific details and arranging them logically.
Writing an effective conclusion.
Competency #3: The student will demonstrate the ability to proofread, edit, and revise by:
Recognizing and correcting errors in clarity
Recognizing and correcting errors in unity and coherence.
Using conventional sentence structure and correcting sentence errors such as fragments, run-ons, comma splices, misplaced modifiers and faulty parallelism.
Recognizing and correcting errors in utilizing the conventions of Standard American English including:
Using standard verb forms and consistent tense.
Maintaining agreement between subject and verb, pronoun and antecedent.
Using proper case forms--consistent point of view.
Using standard spelling, punctuation, and capitalization.
Selecting vocabulary appropriate to audience, purpose, and occasion.
Aditional inf: I am a woma. I am 25 years old. I have a husband and a one year old son
.
In this module, we looked at a variety of styles in the Renaissa.docxwhitneyleman54422
In this module, we looked at a variety of styles in the Renaissance in Italy. Artists like Botticelli, Bellini, Michelangelo, and Bronzino all incorporated Renaissance characteristics into their works, and yet their works look different from each other.
To address form and content in the artistic developments and trends that took place in the Renaissance, look closely at examples from each of these artists.
Choose one painting by one of the artists listed above, and identify characteristics and techniques of the Renaissance style.
Then, address how the work departed from typical Renaissance formulas to become signature to that artist's particular style.
Finally, why did you select this artist? What draws you to their work?
.
In this experiential learning experience, you will evaluate a health.docxwhitneyleman54422
In this experiential learning experience, you will evaluate a healthcare plan using the attached worksheet. The selected plan can be your own health insurance or another plan.
Step 1
Use published information on the selected health insurance plan to complete the
assignment 5.1 worksheet
.
Step 2
Create a 7-10 slide Power Point presentation to include the following:
Introduction to the plan, including geographic boundaries
Major coverage inclusions and exclusions (Medical, Dental, Vision etc.)
Costs to consumer for insurance under the plan (include premiums, deductibles, copays, prescription costs)
Health insurance plan ratings if available. If no ratings are found for this plan, include a possible explanation for this situation.
Evaluation of the health insurance plan-include your evaluation of this plan from two standpoints:
a consumer-focused on costs, coverage, and ease of use
a public health nurse- focused on access to care for populations and improving health outcomes.
Cite all sources in APA format on a reference slide and with on-slide citations.
.
In this essay you should combine your practice responding and analyz.docxwhitneyleman54422
In this essay you should combine your practice responding and analyzing short stories with support derived from research. So far in class, we have practiced primarily formal analysis. Now I want you to practice "joining the conversation." In this essay you will write a literary analysis that incorporates the ideas of others. The trick is to accurately present ideas and interpretations gathered from your research while adding to the conversation by presenting
your own
ideas and analysis.
You will be evaluated based on how well you use external sources. I want to see that you can quote, paraphrase and summarize without plagiarizing. Remember, any unique idea must be credited, even if you put it in your own words.
Choose one of the approaches explained in the "Approaches to Literary Analysis" located at the bottom of this document. Each approach will require research, and that research should provide the context in which you present your own ideas and support your thesis. Be sure to properly document your research. Review the information, notes, and pamphlets I have distributed in class as these will help guide you.
While I am asking you to conduct outside research, do not lose sight of the primary text to which you are responding---the story! Your research should support
your
interpretations of the story. Be sure that your thesis is relevant to the story and that you quote generously from the story.
Purpose:
critical analysis, Argument, writing from sources
Length:
approx 1200 words
Documentation:
Minimum of 4 sources required (one primary source—the story or poem analyzed, and three secondary, peer reviewed journals). (Note: review the material in "finding and evaluating sources.ppt" to help you choose relevant and trustworthy sources.)
Choose from the following short stories:
The Lottery,
Shirley Jackson
A Rose for Emily,
William Faulkner
The Dead
, James Joyce
The Veldt
, Ray Bradbury
Hills Like White Elephants,
Ernest Hemingway
The Cask of Amontillado or The Tell-Tale Heart,
Edgar Allen Poe
Below are some examples.
They are just here to give you an idea of the type of approaches that will work for this essay.
1. Philosophical analysis: How do the stories by Jean Paul Sartre and Albert Camus reflect the philosophy of existentialism?
2. Socio/cultural analysis: What opinion about marriage and gender roles does Hemingway advance in "The Short Happy Life of Francis Macomber"?
3. Historical analysis:: What social dilemmas faced by African Americans in the 1960s might have inspired Toni Cade Bambara to write "The Lesson"?
4. Biographical analysis: What events in Salman Rushdie's life might have influenced the events in "At the Auction of the Ruby Slippers"?
5. Psychological analysis: How is John Cheever's "The Swimmer" a metaphor for the psychology of addiction?
Approaches to Literary analysis
Formal analysis
- This type of analysis focuses on the formal elements of the work (language.
In this Discussion, pick one film to write about and answer ques.docxwhitneyleman54422
In this Discussion, pick one film to write about and answer questions below the film descriptions. If it has been a while since you have seen these films, they are available through online sources and various rental outlets. Although I have provided links to some of the films, I cannot guarantee they are still operable. If the links do not work, try your own online sources.
Dances with Wolves
(1990). Lt. John Dunbar (Kevin Costner) is assigned to the Western frontier on his own request after an act of bravery. He finds himself at an abandoned outpost. At first he maintains strict order using the methods and practices taught to him by the military, but as the film progresses, he makes friends with a nearby Native American tribe, and his perceptions of the military, the frontier, and Native Americans change dramatically.
Working Girl
(1988) Tess McGill (Melanie Griffith) works as a secretary for a large firm involved in acquiring media corporations such as radio and television. When her boss has a skiing accident, Tess gets a chance to use her own ideas and research, ideas that she has been keeping within herself for years – ideas that are arguably better, and more insightful into mass media practices, than her boss’s ideas were.
Schindler’s List
(1993). In Poland during World War II, Oskar Schindler (Liam Neeson) gradually becomes concerned for his Jewish workforce after witnessing their persecution by the Nazis. He initially was motivated by profit, but as the war progressed he began to sympathize with his Jewish workers and attempted to save them. He was credited with saving over 1000 Jews from extermination. (Based on a true story.)
Gran Torino
(2008). Walt Kowalski (Clint Eastwood), a recently widowed Korean War veteran alienated from his family and angry at the world. Walt's young neighbor, an Asian American, is pressured into stealing Walt's prized 1972 Ford Gran Torino by his cousin for his initiation into a gang. Walt thwarts the theft and subsequently develops a relationship with the boy and his family.
Describe the specific theories, assumptions, or “schools of thought” that the characters in the film have. How do their schools of thought differ?
How do the main characters change over the course of a film? How do their goals or desires change? Do they see themselves differently by the end of the film?
Which reflective theory from the course best illustrates the process the main characters go through during the film? How so?
Would you say that the main characters evolved or grew after learning something that was new, or a new approach, a new theory, or a new understanding of their place in the world?
I suggest that you refrain from reiterating the plotline. Rather, stay focused on character changes and the influences on those changes. Be sure to refer to the readings; use proper citations! This discussion will be scored based on the
Grading Rubric for Discussions
Please include the name of your film in the d.
In this assignment, you will identify and interview a family who.docxwhitneyleman54422
This assignment requires students to interview a family experiencing stress from a new life event such as a baby, job change, or divorce. Students must obtain written consent from the family, agree not to publish any identifying information, and use the information only for classroom purposes. During the interview, students will gather details about the family, the history and cause of their stress, how family members responded to life events, family dynamics, strengths, coping strategies, and goals. Students will then analyze the family using research and theory, provide recommendations for support resources, and reflect on communication skills used during the interview. The final paper will be 6-8 pages following APA format.
In this assignment, you will assess the impact of health legisla.docxwhitneyleman54422
In this assignment, you will assess the impact of health legislation on nursing practice and communicate your analysis to your peers. GovTrack.us provides a list of federal health bills that are currently in process in Congressional Committees.
CO4: Integrates clinical nursing judgment using effective communication strategies with patients, colleagues, and other healthcare providers. (PO#4)
CO7: Integrates the professional role of leader, teacher, communicator, and manager of care to plan cost-effective, quality healthcare to consumers in structured and unstructured settings. (PO#7)
.
In this assignment, you will create a presentation. Select a topic o.docxwhitneyleman54422
In this assignment, you will create a presentation. Select a topic of your choice from any subject we have covered in this course.
TOPICS..
INTERNET
COMPUTERS
MOBILE AND GAME DEVICES
DATA AND INFORMATION
THE WEB
DIGITAL SECURITY AND PRIVACY
PROGRAMS AND APPS
COMMUNICATION AND NETWORKS
TECHNOLOGY USERS
THE INTERNET
GRAPHICS AND MEDIA APPLICATIONS
FILE, DISK AND SYSTEM MANAGEMENT TOOLS
PROCESSORS
CLOUD COMPUTING
ADAPTERS
POWER SUPPLY AND BATTERIES
WIRELESS SECURITY
Explain why you select this topic.
Explain why this topic is important.
Discuss the advantages and disadvantages of your select topic.
Include any other information you might thing is relative to your topic.
Your presentation should be a minimum of 15-20 slides in length. Include the title, references, images, graphics, and diagrams.
.
In this assignment, the student will understand the growth and devel.docxwhitneyleman54422
In this assignment, the student will understand the growth and development of executive leadership by looking at the dynamics between the president and Congress in the period from the founding to the Spanish-American War. In a 6–8- page paper, the student will focus on: 1) how presidents pursued international relations, 2) how presidents were able to project force, and 3) congressional restrictions on presidential actions. The student may write about the president of his/her choice.
.
In this assignment, I want you to locate two pieces of news detailin.docxwhitneyleman54422
In this assignment, I want you to locate two pieces of news detailing how an organization is responding to the COVID-19 crisis. You will turn this assignment into me via a Word Document attached to a separate email titled "extra credit assignment, Your Name" with your actual name in the subject line so I know to save the email for grading.
You need to analyze how businesses are handling the current COVID-19 crisis and I want to see if you can track down a press release from the organization, an email to their stakeholders, or even a screenshot of their website in which they explicitly address the actions they are taking in light of this new world we find ourselves in. However, the screenshots, hyperlinks to news stories, etc. are only one component of the assignment, your analysis is far and away from the more important component. Once you have tracked down two examples of how a business/organization is responding to the COVID-19 crisis, I want you to tell me how effective you perceive its action to be. Use any of the vocabulary or concepts that we have learned thus far in the semester to support your analysis. For example, is the business/organization using appropriate new media platforms to reach stakeholders? Is communication timely? Is the organization's tone sincere? What could have been done better? I am expecting one page, double-spaced for the length of your analysis, APA format. The images and or hyperlinks you compile will not be counted towards the length of your writing.
.
In this assignment worth 150 points, you will consider the present-d.docxwhitneyleman54422
In this assignment worth 150 points, you will consider the present-day relevance of history with a current event from a legitimate news source (your instructor will provide several options to choose from) and do the following: (1) summarize the article¿s main idea in a paragraph (5 sentences minimum), (2) write two paragraphs in which you utilize your textbook and notes to analyze how your current event selection relates to the past.
the topics are below, just choose one of the topic from list below..
Neanderthals and string
Neanderthals Left Africa Sooner Than We Think?
Discovery of Neanderthal Skeleton and Burial
Searching for Nefertiti
Discovery of Donkeys Used in Polo (Ancient China)
Ancient Maya Capital Found in Backyard
Long Lost Greek City Found
Ancient Roman Weapon
Viking Burial Discovery
Saving Timbuktu's Treasures
.
In the readings thus far, the text identified many early American in.docxwhitneyleman54422
In the readings thus far, the text identified many early American interests in the Middle East from geopolitical to missionary. Using the text and your own research, compare these early interests with contemporary American interests in the Middle East.
In particular, how has becoming 1) a global hegemon after WWII and 2) the concurrent process of ‘secularization’ transformed American foreign policy thought and behavior toward Israel and the Middle East region generally? What themes have remained constant and what appear new? Would you attribute changes more to America’s new geopolitical role after WWII, or to the increasing secularization of American society? Explain carefully. In 500 words
.
In the Roman Colony, leaders, or members of the court, were to be.docxwhitneyleman54422
In the Roman Colony, leaders, or members of the court, were to be:
•Local elites•Be freeborn•Between the ages of 22 – 55•Community resident•Moral integrity
From the members, two were chosen as unpaid chief magistrates (Judges). They would have to “buy into” that position, but the recognition was worth the financial output. This week's discussion prompter is:
Money alone influences others. Please analyze and critically discuss.
In your response, remember that all this is about leadership, the context which is set in Rome.
.
In the provided scenario there are a few different crimes being .docxwhitneyleman54422
In the provided scenario there are a few different crimes being committed and each could be argued multiple ways.
Steve could be charged with attempted murder. He was stabbing Michelle in the chest repeatedly. Due to the details of the scenario his charge could only be attempted because Michelle got up from the attack and charged Stacy. If she later died from her injuries Steve would/could be charged with murder. Even though he was “visibly drunk” he still maintained the purposely, knowing, or reckless intent to cause harm. He was coherent enough to make statements to her about how much he loved her, but still showed an extreme indifference to life and intent cause serious bodily harm. The biggest obstacle to a murder charge for Steve is his death. He cannot be charged with anything if he cannot be alive to defend himself. This takes care of the Steve factor.
Initially Stacy could be found guilty of murder. She knowingly and intentionally took the life of another (Steve). She also expresses an intent to kill when she stated, “I have had enough of you Steve”. From the scenario it is documented that she did not care for Steve and along with her statements, it can be shown that she was “just waiting for the opportunity” to kill Steve. In her favor is the fact that she attempted to stop Steve from harming another person. Her actions, while resulting in the death of another, were in the defense of a harmed person. She possibly saved the life of Michelle by using reasonable force to stop the stabbing.
Michelle could be charged with attempted murder as well. She stabbed Stacey in the chest while screaming, “how dare you”. She intended to cause death or serious physical injury. Again, if Stacey died from the wounds suffered, Michelle could/would be charged with murder. It could also be argued that Michelle had no malice aforethought. She was being stabbed and may not have known her actions were wrong. Her extreme circumstance clouded her reasonable decision making and all she was aware of is that her boyfriend, whom she loved, was just killed. This is unlikely but still a small possibility. Without more facts from the scenario it is difficult to fully play out all possibilities.
respond to this discussion question in 150 words no references please
.
STOP THE MEETING MADNESS HOW TO FREE UP TIME FOR ME.docxwhitneyleman54422
STOP
THE
MEETING
MADNESS
HOW TO FREE UP TIME FOR
MEANINGFUL WORK
BY LESLIE A. PERLOW, CONSTANCE NOONAN HADLEY, AND EUNICE EUN
SHARE THIS ARTICLE. HBR LINK MAKES IT EASY.
SEE PAGE 41 FOR INSTRUCTIONS.
FEATURE STOP THE MEETING MADNESS
62 HARVARD BUSINESS REVIEW JULY–AUGUST 2017
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Poking fun at meetings is the stuff of Dilbert car-
toons—we can all joke about how soul-sucking and
painful they are. But that pain has real consequences
for teams and organizations. In our interviews with
hundreds of executives, in fields ranging from high
tech and retail to pharmaceuticals and consulting,
many said they felt overwhelmed by their meetings—
whether formal or informal, traditional or agile, face-
to-face or electronically mediated. One said, “I cannot
get my head above water to breathe during the week.”
Another described stabbing her leg with a pencil to
stop from screaming during a particularly torturous
staff meeting. Such complaints are supported by re-
search showing that meetings have increased in length
and frequency over the past 50 years, to the point
where executives spend an average of nearly 23 hours
a week in them, up from less than 10 hours in the
1960s. And that doesn’t even include all the impromptu
gatherings that don’t make it onto the schedule.
Much has been written about this problem, but the
solutions posed are usually discrete: Establish a clear
agenda, hold your meeting standing up, delegate
someone to attend in your place, and so on. We’ve
observed in our research and consulting that real im-
provement requires systemic change, because meet-
ings affect how people collaborate and how they get
their own work done.
Yet change of such scope is rarely considered. When
we probed into why people put up with the strain that
meetings place on their time and sanity, we found
something surprising: Those who resent and dread
meetings the most also defend them as a “necessary
evil”—sometimes with great passion. Consider this
excerpt from the corporate blog of a senior executive
in the pharmaceutical industry:
I believe that our abundance of meetings at our
company is the Cultural Tax we pay for the inclusive,
learning environment that we want to foster…
and I’m ok with that. If the alternative to more
meetings is more autocratic decision-making, less
input from all levels throughout the organization,
and fewer opportunities to ensure alignment and
communication by personal interaction, then give
me more meetings any time!
To be sure, meetings are essential for enabling col-
laboration, creativity, and innovation. They often foster
relationships and ensure proper information exchange.
They provide real benefits. But why would anyone ar-
gue in defense of excessive meetings, especially when
no one likes them much?
Because executives want to be good soldiers. When
they sacrifice their own .
Stoichiometry Lab – The Chemistry Behind Carbonates reacting with .docxwhitneyleman54422
Stoichiometry Lab – The Chemistry Behind Carbonates reacting with Vinegar
Objectives: To visually observe what a limiting reactant is.
To measure the change in mass during a chemical reaction due to loss of a gas.
To calculate CO2 loss and compare actual loss to expected CO2 loss predicted by the balanced chemical equation.
Materials needed: Note: Plan ahead as you’ll need to let Part 1 sit for at least 24 hours.
plastic beaker graduated cylinder
electronic balance 2 eggs
1 plastic cup baking soda (5 g)
dropper vinegar (500mL)
2 identical cups or glasses (at least 500 mL)
Safety considerations: Safety goggles are highly recommended for this lab as baking soda and vinegar chemicals can be irritating to the eyes. If your skin becomes irritated from contact with these chemicals, rinse with cool water for 15 minutes.
Introduction:
The reaction between baking soda and vinegar is a fun activity for young people. Most children (and adults!) enjoy watching the foamy eruption that occurs upon mixing these two household substances. The reaction has often been used for erupting volcanoes in elementary science classes. The addition of food coloring makes it even more fun. The reaction involves an acid-base reaction that produces a gas (CO2). Acid-base reactions typically involve the transfer of a hydrogen ion (H+) from the acid (HA) to the base (B−):
HA + B− --> A− + BH (eq #1)
acid base
The base often (although not always) carries a negative charge. The acid usually (although not always) becomes negatively charged through the course of the reaction because it lost an H+. An example of a typical acid base reaction is below:
HCl(aq) + NaOH(aq) --> NaCl(aq) + H2O(l) (eq #2)
The reaction is actually taking place between the hydrogen ion (H+) and the hydroxide ion (OH−). The chloride and sodium are spectator ions. To write the reaction in the same form as eq #1:
HCl(aq) + OH- --> Cl- + H2O (l) (eq #3)
Sodium bicarbonate (NaHCO3) will dissociate in water to form sodium ion (Na+) and bicarbonate ion (HCO3−).
NaHCO3 --> Na+ + HCO3− (eq #4)
Vinegar is usually a 5% solution of acetic acid in water. The bicarbonate anion (HCO3−) can act as a base, accepting a hydrogen ion from the acetic acid (HC2H3O2) in the vinegar. The Na+ is just a spectator ion and does nothing.
HCO3− + HC2H3O2 --> H2CO3 + C2H3O2− (eq#5)
Bicarbonate acetic acid carbonic acid acetate ion
The carbonic acid that is formed (H2CO3) decomposes to form water and carbon dioxide:
H2CO3 --> H2O(l) + CO2(g) (eq#6)
carbonic acid water carbon dioxide
The latter reaction (production of carbon dioxide) accounts for the bubbles and the foaming that is observed upon mixing vinegar and baki.
Andreas Schleicher presents PISA 2022 Volume III - Creative Thinking - 18 Jun...EduSkills OECD
Andreas Schleicher, Director of Education and Skills at the OECD presents at the launch of PISA 2022 Volume III - Creative Minds, Creative Schools on 18 June 2024.
A Free 200-Page eBook ~ Brain and Mind Exercise.pptxOH TEIK BIN
(A Free eBook comprising 3 Sets of Presentation of a selection of Puzzles, Brain Teasers and Thinking Problems to exercise both the mind and the Right and Left Brain. To help keep the mind and brain fit and healthy. Good for both the young and old alike.
Answers are given for all the puzzles and problems.)
With Metta,
Bro. Oh Teik Bin 🙏🤓🤔🥰
Philippine Edukasyong Pantahanan at Pangkabuhayan (EPP) CurriculumMJDuyan
(𝐓𝐋𝐄 𝟏𝟎𝟎) (𝐋𝐞𝐬𝐬𝐨𝐧 𝟏)-𝐏𝐫𝐞𝐥𝐢𝐦𝐬
𝐃𝐢𝐬𝐜𝐮𝐬𝐬 𝐭𝐡𝐞 𝐄𝐏𝐏 𝐂𝐮𝐫𝐫𝐢𝐜𝐮𝐥𝐮𝐦 𝐢𝐧 𝐭𝐡𝐞 𝐏𝐡𝐢𝐥𝐢𝐩𝐩𝐢𝐧𝐞𝐬:
- Understand the goals and objectives of the Edukasyong Pantahanan at Pangkabuhayan (EPP) curriculum, recognizing its importance in fostering practical life skills and values among students. Students will also be able to identify the key components and subjects covered, such as agriculture, home economics, industrial arts, and information and communication technology.
𝐄𝐱𝐩𝐥𝐚𝐢𝐧 𝐭𝐡𝐞 𝐍𝐚𝐭𝐮𝐫𝐞 𝐚𝐧𝐝 𝐒𝐜𝐨𝐩𝐞 𝐨𝐟 𝐚𝐧 𝐄𝐧𝐭𝐫𝐞𝐩𝐫𝐞𝐧𝐞𝐮𝐫:
-Define entrepreneurship, distinguishing it from general business activities by emphasizing its focus on innovation, risk-taking, and value creation. Students will describe the characteristics and traits of successful entrepreneurs, including their roles and responsibilities, and discuss the broader economic and social impacts of entrepreneurial activities on both local and global scales.
A Visual Guide to 1 Samuel | A Tale of Two HeartsSteve Thomason
These slides walk through the story of 1 Samuel. Samuel is the last judge of Israel. The people reject God and want a king. Saul is anointed as the first king, but he is not a good king. David, the shepherd boy is anointed and Saul is envious of him. David shows honor while Saul continues to self destruct.
Level 3 NCEA - NZ: A Nation In the Making 1872 - 1900 SML.pptHenry Hollis
The History of NZ 1870-1900.
Making of a Nation.
From the NZ Wars to Liberals,
Richard Seddon, George Grey,
Social Laboratory, New Zealand,
Confiscations, Kotahitanga, Kingitanga, Parliament, Suffrage, Repudiation, Economic Change, Agriculture, Gold Mining, Timber, Flax, Sheep, Dairying,
This presentation was provided by Racquel Jemison, Ph.D., Christina MacLaughlin, Ph.D., and Paulomi Majumder. Ph.D., all of the American Chemical Society, for the second session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session Two: 'Expanding Pathways to Publishing Careers,' was held June 13, 2024.
How Barcodes Can Be Leveraged Within Odoo 17Celine George
In this presentation, we will explore how barcodes can be leveraged within Odoo 17 to streamline our manufacturing processes. We will cover the configuration steps, how to utilize barcodes in different manufacturing scenarios, and the overall benefits of implementing this technology.
Source Code, Object Code, and The Da Vinci Code The Debate on Int.docx
1. Source Code, Object Code, and The Da Vinci Code: The Debate
on Intellectual Property Protection for Software Programs
Neelakantan, Murali; Armstrong, Alex
Computer and Internet Lawyer
10-01-2006
Jump to best part of documentYour Summary Note
For many years, the courts in England and the United States
have tried to balance the protection of an author's skill and
labor with the competing notion of a free market in which ideas
are adapted in the search for newer and better products. It is
sometimes argued that "what is worth copying is worth
protecting." This statement is only a crude approximation of the
central theme in a debate that remains as controversial now as it
was 25 years ago-the suitability of a copyright or a patent-based
regime for software programs.
For purposes of this article, we have restricted our analysis to
the two markets that are likely to be of most interest to the
reader-the United States and the United Kingdom. The debate
has, however, taken on truly global proportions, with new and
exciting markets (and competitive pressures) emanating from
the Far East, India, and China most notably. The questions
asked in this article are designed therefore to apply globally.
Copyright in Software Programs
The ease with which copyright is granted sometimes betrays its
limitations. Is copyright still "fit for purpose" as the global
market for software continues its inexorable expansion?
In order to answer this question, this section will seek to:
* Examine the existing state of copyright law as it applies to
2. software programs; and
* Determine whether current copyright law remains flexible
enough to capture the dramatic changes to the methods used by
developers to create software programs.
The English Law of Copyright
The English law of copyright is often described as drawing
clear dividing lines between the idea (which is not protectable
per se) and the expression of an idea (which would be). This is
a misleading simplification of the relevant provision of the
Copyright, Designs and Patent Act 1988,1 which requires that a
work be recorded "in writing or otherwise"2 before it can be
afforded the protection of copyright. The law says that
copyright is infringed if (a) there has been actual copying, and
(b) a "substantial part" of the work has been taken. What
amounts to a "substantial part" is a question of fact and degree
and is the question that has exercised the courts most in the
field of computer software.
In Cantor Fitzgerald v. Tradition (UK),3 the court considered
whether the developers of a rival bond-broking application had
infringed the copyright in the claimant's program. The
defendants were ex-employees of the claimant and had used an
earlier version of the claimant's program as a reference for their
own application. The court also found that the defendants had
copied a small portion (3.3 percent) of the claimant's code into
the defendants' own program. The judge held on the facts that
there had been specific instances of copying by the defendants
and that the copying had, in these instances, amounted to a
substantial part of each module concerned.
The case seeks to shed some light on how the law of copyright
can be applied to software programs. The judge in Cantor
Fitzgerald made some important points:
3. * It was possible for the defendants to infringe the claimant's
copyright at the "architecture" level, that is, its overall structure
and how the program allocated certain functions to the various
component modules.
* The definition of what constituted a "substantial part" of a
software program required the court to consider each work as a
whole, not the individual portions of code. He disagreed with
the High Court of Australia in Autodesk v. Dyason (1992),
which had found that any portion of code, no matter how small,
would form a "substantial part" of the work since in its absence
the application as a whole would fail to function correctly or at
all. The Australian court's approach was technologically correct
but legally inaccurate.
* In determining whether the infringing product copied a
substantial part of the claimant's product, the court would assess
the existence of copyright in the claimant's code as a function
of the amount of skill and effort that had gone into designing
and developing it.
The US Law of Copyright
In the United States, a work may be subject to copyright
protection if it is both: (1) original and (2) "fixed in any
tangible medium of expression."4 Copyright protection is not
available 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 [the] work."5
In Computer Associates v. Altai,6 Computer Associates alleged
that Altai's "Oscar" program contained elements of Computer
Associates' "Adapter" program. The court approached the
problem by undertaking a series of detailed analyses into the
4. claimant's program. It first analyzed the "level of abstraction,"
retracing the developer's steps back from the final object code
through to the program's conception. The court then proceeded
to "filter out" elements of the program that were (1) dictated by
efficiency; (2) dictated by external factors; and (3) taken from
the public domain.7
The court was able to group its findings into a "core of
protectable expression," an approximate equivalent to the
concept of "a substantial part" in English law. On the facts, the
court found that the defendants had not appropriated this core of
protectable expression.
It should be noted that the court considered the merger doctrine
as one of its central themes in determining the core of
protectable expression. The doctrine's underlying principle is
that "[w]hen there is essentially only one way to express an
idea, the idea and its expression are inseparable and copyright is
no bar to copying that expression."8 In Computer Associates,
the court felt that the merger doctrine was "an effective way to
eliminate non-protectable expression contained in computer
programs" because it allowed the court to disregard those
elements of a computer program that could only be expressed in
a certain way.
Comparisons Between the UK and US Regimes
The analysis of the judge in Cantor Fitzgerald is similar to the
abstraction exercise of the US Court of Appeals in Computer
Associates. Both regimes seek to go beyond the concept of pure
textual copying and arrive at a broadly similar result, although
the key difference remains the refusal by the English courts to
recognize the validity of the merger doctrine. English courts
will consider originality as a function of the skill and effort
used to create the work, even if in some cases there is no real
scope for alternative expression, and will refuse to determine
5. originality through subjective judgment of the ideas that
underpin the work. The genesis of this position lies in the
numerous compilation cases, most notably Ladbroke v. William
Hill (1964) and the position reflects a desire by the English
courts to remove subjectivity from the assessment of what is
and is not copyrightable and "compensate for a lack of a roving
concept of unfair competition."9
Can we therefore conclude that the English courts will value
hard work rather than protect an original and good idea?
The Da Vinci Code Decision: Placing a Value on Ideas?
Does the recent decision in Baigent and Leigh v. Random House
(2006) (Da Vinci Code) hint at a gradual shift towards the US
position?
As in the Cantor Fitzgerald case, the judge in the Da Vinci Code
case was looking for the expression of a combination of ideas,
structure, and content that, taken together, constituted a
substantial part of the earlier work. The judge referred to
another case of literary copying (Ravenscroft v. Herbert (1980))
in order to introduce the established rule that while facts,
themes, and ideas cannot be protected per se, the way in which
these facts, themes, and ideas are put together (the work's
"architecture") could be. The judge went on to say that the
claimants would need to "show that there is a putting together
of facts, themes and ideas by them as a result of their efforts"
and that Dan Brown had copied these. He then undertook a
painstaking analysis of The Holy Blood and Holy Grail in order
to draw a firm boundary between what was or was not protected.
The English law of copyright has long established that this form
of abstraction is a qualitative test rather than a quantitative
one.10 It is a test that is similar in many ways to that of the
court in Cantor Fitzgerald. The judge decided that, while Mr.
6. Brown had used facts and some of the "central themes" that
were contained in The Holy Blood and Holy Grail, facts were
not copyrightable per se and that the "central themes"
reproduced in The Da Vinci Code were too abstract to constitute
a "substantial part" of the earlier work. Coupled with the
finding that Mr. Brown and his wife had devoted significant
skill and effort to the research and development of the content
of The Da Vinci Code, it was no surprise that the judge found in
favor of the defendants. The result was that Mr. Brown was
entitled to express the themes he had picked from The Holy
Blood and Holy Grail in a way and using methods that were his
own.
The factual outcome of the case may have little or no relevance
to software developers. Indeed the courts in England have
always been uncomfortable about applying tests used to
determine substantiality in purely literary cases to those
involving software. It could be argued, however, that the
analysis undertaken by the judge as part of his assessment of
"substantiality" appeared to imply the need to consider the
originality of an idea, at least as part of the overall test.11
The Problem
As it currently stands, copyright law (as it applies to software
developers) can be summarized as follows:
* The developer's ideas cannot be protected to the extent they
cannot be expressed on a medium.
* Therefore, object code, source code, program structures and
program notes (taken together) constitute the expression of the
developer's idea.
* The expression of the developer's ideas cannot be protected to
the extent that the ideas can be expressed differently by
7. someone else without reference to the developer's object code,
source code, program structures, and program notes.
Does this emphasis on "perspiration" rather than "inspiration"
capture the ways in which software developers create their
products?
Software development has evolved significantly since the early
days of programming. Programs have become more complex and
the industry has grown in such a way that developers are
increasingly reliant on shorter development cycles in order to
preserve or enhance their competitive advantage. This has led
the industry to adopt a natural way of making itself more
efficient. Ever since the software industry evolved toward
modular or object-orientated class-based programming (modules
of code woven together to create a new piece of code), vast
libraries of pre-packaged code have become available to many
software developers who wish to use them under license in their
own works. Software is now a complex mixture of source code
(code created by the developer using a more human, high-level
language) and object code (generally low-level machine-specific
code, usually expressed as a collection of binary digits to call
specific functions of a computer system).
Source code is usually compiled (translated into object code)
and then linked to static and dynamically-linked object code
libraries (some of which are off-the-shelf, others licensed from
other developers), or increasingly linked to complex databases.
As a result of this push for standardization, it could be argued
that the problem that software developers now face as a result
of this shift in programming technique lies less in their ability
to protect their code, but more in their ability to protect the
algorithms (the ideas) that are expressed in their code.
Supporters of the merger doctrine in the US recognize this
issue,12 which is the essence of the copyright versus patent
8. debate as it applies to software programs.
The Expression of the Problem
The mam disadvantage of copyrights as a protection for
algorithms is that copyrights do not protect the functionality or
the technique of an algorithm. This disadvantage is insignificant
if the algorithm is not the essence of the computer program. For
instance, in video games, the meaningful part of the computer
program is the interaction with the user, not the method used for
solving a problem. However, when an algorithm is developed as
a new method for solving a problem, the general idea and
functionality of the algorithm-i.e., the inventive leaps-[are] not
protected.13
For the developer who seeks to protect a truly new algorithm,
this creates two classes of commercial problems, which can be
expressed as follows:
* Problem 1: Two or more developers discover the same
algorithm separately and then go on to express the same
algorithm using different program structures and different code.
The algorithm is new and original. They are each equally
deserving of the protection of copyright law, but in absolute
commercial terms, they will share the potential market for the
algorithm with the other.
* Problem 2: One developer discovers a new and original
algorithm and then expresses this algorithm using a unique
program structure and unique code. He has copyright protection
in respect of the idea as expressed in the code, but in absolute
commercial terms does not have sole control of the potential
market for the algorithm; another developer could express the
algorithm (the idea) differently using different code and market
a rival product accordingly.
9. These problems share a common feature: The developer is not in
absolute control of the market generated by his idea. If, in the
commercial sphere, the goal of investing time and effort in
creating new ideas and solutions is to achieve optimum
commercial gain, then should not the intellectual property grant
a monopoly right to the creator of these ideas or solutions?
Is Patent Protection the Answer!
In the United Kingdom, software is not patentable, but the
debate over -whether it should be is conjoined with the
continuing debate in the European Parliament over the ambit of
the proposed Directive on computer implemented inventions.
In the United States, software and business processes are
patentable, but whether this system has a positive impact on the
market is debatable.
Evolution
To obtain the benefit of patent protection, an invention must be
(1) patent-eligible subject matter; (2) useful; (3) novel; and (4)
nonobvious.14
The US courts have taken a gradual road toward granting
software products the benefit of patent protection. Unlike the
European Union, where the debate rages over the need to
implement a community-wide software patent Directive, the US
courts have adapted their position with regard to the
patentability of software and business processes. Since the 1981
case Diamond v. Diehr15 (in which the US Supreme Court
ordered the USPTO to grant a patent in relation to an invention
even though the substantial part of the invention consisted of a
computer program), the USPTO has gradually extended patent
protection to a -wide variety of computer-based software
products and business processes.
10. An algorithm (as applied to computer programs) can be thought
of as a machine-a computer that is hard-wired to perform the
algorithm. In State Street Bank & Trust Co. v. Signature
Financial Group, Inc.,16 the Federal Circuit held that an
algorithm is capable of receiving patent protection if it is
useful, concrete, and produces a tangible result.
Having overcome the conceptual difficulty of accepting
algorithms as patentable per se, the courts brought further
refinements to the requirements of usefulness, novelty, and non-
obviousness. There is now a settled regime for the protection of
algorithms, the foundations of any computer software program.
The gradual introduction of this additional layer of protection
for algorithms, however, while welcomed by some, has had
unusual side effects on the US software industry.
Distortion?
Since the gradual extension of patent protection to software
programs, the software industry has witnessed a significant
growth in the number of patents being sought by large
organizations. As of December 2003, "software and Internet-
related patents accounted] for more than 15 percent of all
patents granted."17 Earge organizations are pursuing patents for
two primary purposes:
1. Revenue generation: monopolizing ideas with a view to
licensing them to developers who will transform or incorporate
them into tangible products; and
2. Deterrent value: warding off the holders of and applicants for
patents for similar ideas with the threat of protracted and
necessarily expensive litigation.
The clearest manifestation of these side effects occurred
11. recently in connection with the high-profile litigation between
Canada's Research in Motion Limited (the makers of the
Blackberry handheld device) and NTP Inc. (a US-based
company). NTP's sole purpose, it appears, is to acquire and
maintain a portfolio of patents with a view to bringing
infringement proceedings against any person or organization
that attempts to use any technology that is protected by those
patents (a so-called patent troll). NTP sued Research in Motion
alleging infringement of several of NTP's patents. The case
went through the litigation process and ultimately ended with
Research in Motion agreeing to pay the sum of US $613 million
to NTP in settlement of all claims. The case demonstrates a
fundamental feature of (or problem with) the modern US
intellectual property protection system.
Research in Motion had spent a lot of time, effort, and money
developing the system from which it has reaped stellar
commercial rewards. The US district court was concerned only
with the violation of the monopoly right granted in respect of
NTP's idea, however, not its expression as a tangible product.
The fact that NTP had tried (and failed) to market its invention
14 years prior was no bar to its preventing Research in Motion
from marketing its own products using NTP's idea
notwithstanding the value (both commercial and tangible) of the
Research in Motion product.
The case is significant because it polarizes the debate on the
suitability of patent protection for software programs. It gives
further ammunition to those who believe that ideas should be
prized above endeavor and commercial skill, and it reinforces
the argument from others that extending patent protection for
software programs creates unnatural distortions in a market that
has thrived against the backdrop of existing copyright laws.
Despite the obvious passions expressed by those on opposing
sides, it is possible to view the debate in pragmatic, commercial
12. terms.
The Market Forces Argument
The debate over the respective merits of copyright protection
and patent protection is driven by one central theme:
appropriate commercial rewards for the creators of innovative
software programs through control of the markets for which
their products were created.
A Commercial Question
The current differences in the regimes that exist in England and
in the United States show that developers are caught between
two conflicting pressures: (1) inadequate protection (the current
risk with existing English-style copyright-only regimes) and (2)
too much protection (the stifling of healthy competition and the
creation of unnatural distortions in the market, as seen in US-
style patent regimes).
Which regime is best suited to the developer who creates a
software product based on a new idea?
The Commercial Answer: Theory
The debate over the suitability of copyright or patent protection
as the most effective means of protecting a developer's research
and development often ignores one crucial point: The market
ultimately decides whether a product succeeds or fails. A
developer can make a commercial success out of a new idea if
he is able to follow three simple rules:
1. His idea is original and unique.
2. He can translate that idea into software ahead of the
competition.
13. 3. He can bring the resulting product to market efficiently ahead
of the competition.
These three rules work because the market recognizes the value
of marketing new and original ideas ahead of the competition. It
allows the developer to enjoy a de facto monopoly while the
others try to catch up.
The Commercial Answer: Applied
Even with the comparatively weaker protections offered by
copyright, we know that a rival cannot develop a competing
product quickly from scratch. He cannot avoid the time
penalties for which the market will penalize him by simply
reverse engineering a product and adapting only superficial
aspects of it to disguise the infringement. He would (1) fall foul
of the law and (2) would not fool the market. In addition, if one
released a product to the market (having kept the idea secret),
then regardless of how the law protects the idea, one can release
a newer and improved version of the end product by the time a
rival has caught up. In other words, an inventor can maintain a
competitive advantage for as long as he develops and improves
an idea.
As all developers know, turning a good idea into a successful
product is hard work. The idea is only the beginning. The Da
Vinci Code case confirms the view that the English courts will
consider (but ultimately subordinate) ideas and themes to the
skill and effort used to express them. Perhaps this is no
accident. Genius, after all, is 1 percent inspiration and 9 percent
perspiration.
FOOTNOTE
Notes
1. Sections 3(2), 178 (for definition of "writing").
14. 2. Id.
3. Cantor Fitzgerald v Tradition (UK), RPC 95 (2000).
4. 17 U.S.C. § 102(a).
5. Id. § 102(b).
6. Computer Associates v Altai, 982 F.2d 693 (1992), 23
U.S.P.Q. 2d 1241.
7. The court explained the general concept of the abstraction
process as follows: "In ascertaining substantial similarity under
this approach, a court would first break down the allegedly
infringed program into its constituent structural parts. Then, by
examining each of these parts for such things as incorporated
ideas, expression that is necessarily incidental to those ideas,
and elements that are taken from the public domain, a court
would then be able to sift out all non-protectable material."
8. Concrete Machinery Co. v. Classic Lawn Ornaments, Inc.,
843 F.2d 600, 606 (1st Cir. 1988).
9. Cornish & Llewelyn, Intellectual Property: Patents,
Copyright, Trade Marks and Allied Rights (5th ed.) at 391.
10. See Ladbroke v.William Hill, 1 W.L.R 273 (1964).
11. Baigent & Leight v. Random House, EWHC 719 (2006), ¶¶
268 and 270.
12. See Melville B. Nimmer & David Nimmer, Nimmer on
Copyright, § 13.01, at 13-65 and 13-66-71: "[I]n many instances
it is virtually impossible to write a program to perform
particular functions in a specific computing environment
15. without employing standard techniques. [. . .] This is a result of
the fact that a programmer's freedom of design choice is often
circumscribed by extrinsic considerations such as (1) the
mechanical specifications of the computer on which a particular
program is intended to run; (2) compatibility requirements of
other programs with which a program is designated to operate in
conjunction; (3) computer manufacturers' design standards; (4)
demands of the industry being serviced; and (5) widely accepted
programming practices within the computer industry."
13. Allen Clark Zoracki, "Comment: When Is An Algorithm
Invented? The Need For A New Paradigm For Evaluating An
Algorithm For Intellectual Property," 15 Alb. L.J. Sci. & Tech.
579 (2005).
14. 35 U.S.C. §§101-103.
15. Diamond v. Diehr, 450 U.S. 175 (1981).
16. State Street Bank & Trust Co. v. Signature Financial Group,
Inc., 149 F.3d 1368, 1373 (Fed. Cir. 1998).
17. Jonathan Krim, "Patenting Air or Protecting Property?
Information Age Invents a New Problem," Wash. Post, Dec. 11,
2003.
AUTHOR_AFFILIATION
Murali Neelakantan is a dual qualified (Indian and English Law)
partner and Alex Armstrong is an associate at the London office
of Arnold & Porter LLP. Arnold & Porter acted for the
defendants in the Da Vinci Code case.
Source Code, Object Code, and The Da Vinci Code: The Debate
on Intellectual Property Protection for Software Programs
Byline: Neelakantan, Murali; Armstrong, Alex
Volume: 23
Number: 10
16. ISSN: 15314944
Publication Date: 10-01-2006
Page: 1
Section: Intellectual Property
Type: Periodical
Language: English
Copyright Aspen Publishers, Inc. Oct 2006
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Neelakantan, Murali., Armstrong, Alex.. "Source Code, Object
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