Publisher Description

This work analyses the scope of copyright protection for computer software in the United Kingdom,and examines challenges for the future. The work presents the case for the adoption and application of infringement methodology emanating from the courts in the United States, resulting in a narrower scope of protection than is presently argued for by many UK academics, practitioners and judges alike. The work makes a careful evaluation of the efficacy of the various prevailing tests for infringement of copyright in software and their progenies, suggesting an improved formula and advocating the utility of limiting doctrines to assist in the determination of substantial similarity of particular non-literal software elements, user interfaces and screen display protection. The monograph also contains a detailed study of reverse engineering, copyright defences, permitted acts, database protection and the copyright-contract interface in the context of computer software, not omitting crucial discussions of the internet, digital dissemination and the impact of recent treaty and legislative initiatives on British copyright law. As such it will be an important resource for practitioners, lecturers and students alike.

Author Biography

Stanley Lai is a lawyer with the firm Lee & Lee in Singapore.

Table of Contents

1. IntroductionPART 1: SUBSISTENCE OF COPYRIGHT AND INFRINGEMENT METHODOLOGY2. Subsistence of Copyright and Infringement Analysis under US and UK Laws3. Limiting Doctrines of Merger and Scènes à FairePART 2: THE SCOPE OF COPYRIGHT PROTECTION OF USER INTERFACES4. The Copyright Protection of User Interfaces5. Copyright Protection of Video GamesPART 3: REVERSE ENGINEERING AND DEFENCES6. Reverse Engineering7. Defences and Other Permitted ActsPART 4: CHALLENGES FOR THE FUTURE8. Software Copyright Protection in Relation to Internet Technology9. Database Protection in the United Kingdom: the New Deal and its Effects on Software Protection10. The Copyright-Contract Interface and Software Protection11. General Conclusion

Review

This is a well-written and highly useful book. -- Jeremy Phillips, Slaughter and May, London * European Intellectual Property Review *
…one of the most attractive features of this book is the lengthy (34-page) Appendix offering a simplified account of the technological detail. Dr Lai's book presents a well written, comprehensive and detailed exposition. There is no question that Dr Lai's book amounts to a definitive resource for intellectual property lawyers, academics and researchers both in the UK and elsewhere. Its usefulness is strengthened by the extensive footnoting which supplements the body text -- Anne Fitzgerald * CTLR *

Long Description

This work analyses the scope of copyright protection for computer software in the United Kingdom, and examines challenges for the future. The work presents the case for the adoption and application of infringement methodology emanating from the courts in the United States, resulting in a narrower scope of protection than is presently argued for by many UK academics, practitioners and judges alike. The work makes a careful evaluation of the efficacy of the various prevailing tests for infringement of copyright in software and their progenies, suggesting an improved formula and advocating the utility of limiting doctrines to assist in the determination of substantial similarity of particular non-literal software elements, user interfaces and screen display protection. The monograph also contains a detailed study of reverse engineering, copyright defences, permitted acts, database protection and the copyright-contract interface in the context of computer software, not omitting crucial discussions of the internet, digital dissemination and the impact of recent treaty and legislative initiatives on British copyright law. As such it will be an important resource for practitioners, lecturers and students alike.

Review Quote

This is a well-written and highly useful book.Jeremy Phillips, Slaughter and May, LondonEuropean Intellectual Property ReviewJuly 2001one of the most attractive features of this book is the lengthy (34-page) Appendix offering a simplified account of the technological detailDr Lais book presents a well written, comprehensive and detailed expositionThere is no question that Dr Lais book amounts to a definitive resource for intellectual property lawyers, academics and researchers both in the UK and elsewhere. Its usefulness is strengthened by the extensive footnoting which supplements the body textAnne FitzgeraldCTLRJune 2002

Details