Re: Shrinkwrap Licenses - Reply re UCC2b

Glad someone mentioned the video game computer program. Much early experience with the scope of copyright re computer programs developed around such works. It is a good example where the distinction between program/data is problematic and confusing, particularly where there is a distributed execution of such a program. [Experience re the application of the public performance right re video arcades may be of marginal interest in this context (see, e.g., the amendment to the copyright law, sec. 109(e); also, as I recall, the Red Baron case)]. It is important to focus on the work as a whole, as expressed in the computer program code, instead of arbitrarily picking out bits and pieces of code (or the results of the execution of the code), and trying to determine whether they may be viewed as program and/or data in a given case. This may impede the development and dynamic management of rights re such new works in an Internet environment. There may also be problems where the results of program execution may be in the public domain, while the program itself is subject to copyright; or there may be patent claims re the performance of works using a patented process.         

Patrice Lyons
Law Offices of Patrice Lyons,
  Chartered
Washington, D.C. 20006
<plyons/0003432266[_at_]mcimail.com> Received on Tue Sep 01 1998 - 19:20:35 GMT