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  • 标题:The New Wave: Copyright and Software Interfaces in the Wake of Oracle v. Google
  • 本地全文:下载
  • 作者:Fred von Lohmann ; Fred von Lohmann
  • 期刊名称:Harvard Journal of Law and Technology
  • 印刷版ISSN:0897-3393
  • 出版年度:2018
  • 卷号:31
  • 期号:2
  • 页码:518
  • 出版社:William S Hein
  • 摘要:Fortunately, copyright law has many limiting doctrines that would make it impossible to assert copyright protection over the steering wheel and pedals of an automobile.1 But as Professor Menell’s article makes clear, while the stakes for software interfaces are just as high as for automotive interfaces, the copyright law answers are far less set-tled for software interfaces. The Oracle v. Google litigation — and the cases that have been brought in its wake — raises the very same ques-tions posed by the automotive hypothetical: questions about switching costs, barriers to entry, and network effects. While these kinds of questions may, at first, seem far afield from copyright law, we can expect them to recur with increasing frequency in copyright cases in the years to come. After all, software will likely mediate more and more of the technologies we depend on. And interfaces are the steer-ing wheels and pedals by which we operate software.
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