How Can Whelan v. Jaslow and Lotus v. Borland Both be Right? Re-Examining the Economics of Computer Software Reuse

Risch, Michael, "How Can Whelan v. Jaslow and Lotus v. Borland Both be Right? Re-Examining the Economics of Computer Software Reuse" . John Marshall Journal of Computer & Information Law, Vol. 17, No. 511, 1999 Available at SSRN:

Abstract:

The various circuit courts of appeal have been unable to agree on the appropriate method of determining when one computer program infringes the copyright in another computer program. This paper traces the differences among the circuits, proposes a model to explain what courts are doing, asserts a set of factors that simplify the analysis of determining copyright infringement, and tests those factors against seemingly irreconcilable cases. Finally, the paper applies the analysis to unresolved computer software issues of today in order to predict likely outcomes.

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