期刊名称:The John Marshall Journal of Information Technology & Privacy Law
印刷版ISSN:1078-4128
出版年度:2013
卷号:25
期号:4
页码:8
出版社:The John Marshall Law School
摘要:The author contends that in the area of computer software protection convergence has resulted in confusion in the goals of copyright and patent laws to the detriment of both. By confusing “innovation” with “creativity,” she contends that copyright protection has been strained by its efforts to fit the demands of functional code within its expressive protection goals. She concludes by suggesting that we go “back to the future” to resurrect an international sui generis system for software and allow both copyright and patent to go back to their original, and distinctly different, policy goals.