Intellectual Property Protection for Software

Abstract

This module provides an overview of the U.S. intellectual property laws that form the framework within which legal rights in software are created, allocated, and enforced. The primary forms of intellectual property protection that are likely to apply to software are copyright, patent, and trade secret laws, which are discussed with particular emphasis on the controversial issues arising in their application to software. Also included is a brief introduction to government software acquisition regulations, trademark, trade dress, and related unfair competition issues that may affect software engineering decisions, and to the Semiconductor Chip Protection Act. Many decisions about the development, distribution, maintenance, and enhancement of software are likely to be affected by constraints imposed by intellectual property laws. Intellectual property law provides a 'default setting' of rights allocation when software is created. Licensing or other contracting arrangements may satisfy those who wish to vary the rights allocation arrangements that these laws create. In order to foresee the appropriate manner in which to develop and distribute software, it is important that software developers understand the framework of legal rights and responsibilities within which arrangements for the licensing or sale of their software products takes place.

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Document Details

Document Type
Technical Report
Publication Date
Jul 01, 1989
Accession Number
ADA236125

Entities

People

  • Kevin Deasy
  • Pamela Samuelson

Organizations

  • Carnegie Mellon University

Tags

Communities of Interest

  • Biomedical
  • Ground and Sea Platforms
  • Human Systems

DTIC Thesaurus Topics

  • Air Force
  • Computer Programming
  • Computer Programs
  • Computers
  • Congress
  • Employment
  • Government Procurement
  • Governments
  • Intellectual Property
  • Law
  • Operating Systems
  • Patents
  • Personnel Management
  • Public Policy
  • Software Development
  • Spreadsheet Software
  • Trade Secrets

Fields of Study

  • Computer science

Readers

  • Enterprise Information Systems Architecture and Joint Command Capability Interoperability Support.
  • Government and Public Administration Law.

Technology Areas

  • Microelectronics