re: Looking for a research topic

From: J. Christopher Carr <JCARR[_at_]mail.darbylaw.com>
Date: Thu, 29 Feb 1996 15:38:38 -0500

One interesting topic is the difficulty in determining whether software should be copyrighted, patented, or both. The PTO has published a legal analysis for software patenting. Their web page is at http://www.uspto.gov/ (I forget presicely where the analysis is.) You might also join patent-l. (I forget the command, but I'm sure you can find it on any of the numerous lists of lists.) The issues are:

• Should a country limit software protection to either patent or copyright but not both for all software? or
• Should a country permit a mixture of patent or copyright protection depending on the function of the software? and, if so,
• What software is eligible for patent and what software is eligible for copyright? specifically:
  • Should finished applications be considered as a whole? or
  • May individual code-fragments within an application be eligible for different kinds of protection? and, if so,
  • May the same code fragment qualify for both kinds of protection? and, if so,
  • Should the author be forced to choose one kind of protection or the other if his code is eligible for both?

Any one of these issues could be a paper by itself.

Good luck,

---

J. Christopher Carr, Librarian

Darby & Darby, P.C.         |   e-mail: JCARR[_at_]mail.darbylaw.com
805 Third Ave. 27th Floor   |    voice:            212 527-7615
New York, NY 10022-7700     |      fax:            212 753-6237
---------------------------------------------------------------

Original content copyright (c) 1996 J. Christopher Carr. All rights reserved. Opinions expressed are my own and do not represent my employer, nor are they to be relied upon as legal advice. Nothing in this message shall be construed as a solicitation or as binding upon myself or my employer. Although I do not solicit indecent or patently offensive messages, you may send such to me without fear of criminal prosecution, as I am over the age of eighteen.

---

Received on Fri Mar 01 1996 - 17:54:26 GMT