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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Intellectual property, copyright & patents
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The Software Interface between Copyright and Competition Law - A Legal Analysis of Interoperability in Computer Programs (Hardcover)
Loot Price: R5,676
Discovery Miles 56 760
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The Software Interface between Copyright and Competition Law - A Legal Analysis of Interoperability in Computer Programs (Hardcover)
Expected to ship within 10 - 15 working days
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The success of computer programs often depends on their ability to
interoperate A- or communicate A- with other systems. In
proprietary software development, however, the need to protect
access to source code, including the interface information
necessary for interoperability, is of vital importance. This
apparent conflict gives rise to a complex interaction between
copyright law and competition law, as the strong need for
interoperability in computer programs affects both innovation and
competition. This important book offers the first in-depth analysis
of the current respective copyright and competition law approaches
to interoperability. With respect to copyright law, the book offers
an in-depth analysis of how copyright law has been applied to
computer programs, how this form of protection affects
interoperability, and how the European Software Directive A-
including its interpretation by courts in Member States A- aims to
facilitate interoperability. With respect to competition law, the
author critically analyzes the application of Article 102 of the
TFEU to refusals to supply interface information, including a
discussion on the tension between copyright and competition law.
The author also examines the substantial body of U.S. case law and
accompanying literature on the interplay between copyright law,
software and interoperability. Based further on a comparison with
relevant ex-ante interconnection rules in European design
protection law and telecommunications law, the author advances
several recommendations aimed at facilitating interoperability in
software copyright law. Three interrelated approaches combine to
convey an integrated and immediately accessible understanding of
the subject: A { how interoperability affects the balance between
innovation and free competition in software; A { which of two
regimes A- copyright law or competition law A- should primarily be
concerned with striking this balance as affected by
interoperability; and A { which particular instruments are suitable
to approach this problem within these respective regimes. Because
of the in-depth analysis of the software interoperability problem
with related legal disciplines in both Europe and the United
States, and due to the clarity of the presentation, this will be
welcomed as a valuable resource by practitioners, jurists, and
academics concerned with copyright protection of computer software,
interoperability and the interaction between copyright and
competition law.
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