Beyond the Code: Protection of Non-Textual Features of Software by Noam ShemtovBeyond the Code: Protection of Non-Textual Features of Software by Noam Shemtov

Beyond the Code: Protection of Non-Textual Features of Software

byNoam Shemtov

Hardcover | September 30, 2017

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Although the law of infringement is relatively straightforward on the copying of literal and textual elements of software, it is the copying of non-literal and functional elements that poses complex and topical questions in the context of intellectual property (IP) protection. In many cases,it is these non-literal and functional elements that contain the real value of a software product. This book concerns the copying of non-literal and functional elements of software in both the United States (US) and European Union (EU), using a holistic approach to address the most topical questionsfacing experts concerned with legal protection of software products across a range of technological platforms. The book focuses on four distinct but interrelated areas: contract, copyright, trade secrets, and trade-dress; as well as dealing more briefly with patent law, designs, and competition law, discussing these areas separately and in relation to one another. The book discusses software as amulti-layered functional product, setting the scene for other legal discussions by highlighting software's unique characteristics. It examines models for the provision of software, addressing licensing patterns and overall enforceability, as well as the statutory and judicial tools for regulatingthe use of such licences. It further assesses the protection of non-literal and functional software elements under EU and US copyright law, focusing on internal architecture and behavioural elements. The application of trade secrets law to software is examined under traditional, online, and cloudmodels. Finally, it examines the application of trade dress protection to software's 'look and feel', particularly relating to the highly topical area of cloud environments.Beyond the Code offers a unique outlook on contemporary issues concerning the legal protection of computer software.
Dr Noam Shemtov is a Senior Lecturer in Intellectual Property and Technology Law at the Centre for Commercial Law Studies (CCLS) at Queen Mary University of London. He has recently managed a team of researchers in a research project on Open Source licences funded by Microsoft. He is the LLM course convener for Intellectual Property and...
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Title:Beyond the Code: Protection of Non-Textual Features of SoftwareFormat:HardcoverDimensions:414 pages, 8.74 × 5.98 × 0.03 inPublished:September 30, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198716796

ISBN - 13:9780198716792

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Table of Contents

1. Software as a Multi-Layered ProductPart I: Contract Law2. Licensing Patterns in the Software Industry3. The Enforceability of Licensing RestrictionsPart II: Copyright4. Protecting Software Internal Architecture Under Copyright Law: A Market Based Perspective5. Software Copyright Infringement Disputes6. The Combined Effect of Copyright Law and Licensing Terms7. Interoperability in the CloudPart III: Trade Secrets8. Trade-Secrets Protection for Non-Literal Elements of Computer ProgramsTrade Marks and Trade Dress Protection9. Protecting Software's 'Look and Feel'