Beyond the Code

Protection of Non-Textual Features of Software
Erscheinungsjahr 2017
ISBN: 978-0-19-871679-2
Verlag: Oxford University Press, USA

Buch, Englisch, 288 Seiten, Format (B × H): 162 mm x 228 mm, Gewicht: 557 g

Although the law on infringement is relatively straightforward in relation to the

copying of literal and textual elements of software, it is the copying of non-literal

and functional elements that poses complex and topical questions in the context

of intellectual property (IP) protection. In many cases, it is these non-literal and

functional elements that contain the real value of a software product. This book

concerns the copying of non-literal and functional elements of software in both

the United States and European Union, using a holistic approach to address the

most topical questions facing experts concerned with legal protection of software

products across a range of technological platforms.

The book focuses on six distinct but interrelated areas: contract, copyright, patents,

trade-dress, designs and trade secrets, discussing these areas separately and in

relation to one another. The book discusses software as a multilayered functional

product, setting the scene for other legal discussions by highlighting software's

unique characteristics. It examines models for the provision of software, addressing

licensing patterns and overall enforceability, as well as the statutory and judicial

tools for regulating the use of such licences. It assesses the protection of non-literal

and functional software elements under EU and US laws, focusing on internal

architecture, interfaces, behavioural elements and GUIs.

Autoren/Hrsg.

Shemtov, Noam

Fachgebiete

• Rechtswissenschaften Wirtschaftsrecht Medienrecht Telekommunikationsrecht, IT-Recht, Internetrecht

Über Autor(innen)

Dr Noam Shemtov is a Senior Lecturer in Intellectual Property and Technology Law at the Centre for Commercial Law Studies (CCLS) at Queen Mary University of London. He has recently managed a team of researchers in a research project on Open Source licences funded by Microsoft. He is the LLM course convener for Intellectual Property and the Creative Industries at QMUL. He is the Director for specialist IP programmes: Certificate in Intellectual Property and the
Certificate in Trade Mark Law and Practice. Noam is also a visiting lecturer at Univesidad de Alicante and at Universidad Autonoma de Madrid. He is a qualified solicitor both in the UK and in Israel.