High court's 'Lotus' ruling will stifle innovation
Article Abstract:
The US Supreme Court's decision to let stand the 1st Circuit's decision in Lotus Development Corp. v. Borland International, Inc. perpetuates a flawed ruling that badly misapplies Section 102(b) of the Copyright Act. The 1st Circuit ruled broadly that the command hierarchy of Lotus 1-2-3 is an uncopyrightable method of operation. That overlooks the mixture of idea and expressiveness in the menu, and renders all such menus, which frequently determine market success, unprotectable. Indeed, all software may now be similarly vulnerable.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Borland's win prevents user interface monopolies
Article Abstract:
The US Supreme Court's 4-4 ruling in Lotus Development Corp. v. Borland International, Inc. upholds the 1st Circuit's decision and fosters competition by enabling software companies to woo their rivals' customers. The decision was fundamentally sound, discerning the essential nature of the menu command hierarchy as a method of operation despite the presence of minimal creativity. The decision did not settle other copyright law issues, but did weigh on the side of the social utilitarian doctrine rather than natural law.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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The doctrine of fair use evolves as balancing test in the high-tech arena: retreating from a 10-year-old decision, the U.S. Supreme Court rejected a bright-line principle
Article Abstract:
The US Supreme Court removed the traditional bright-line principle from the fair use doctrine in Campbell v. Acuff-Rose Music, Inc, creating uncertainty as to when the doctrine would apply. The Court held that reverse engineering is permissible with certain limitations and even the prohibition on copying a total work becomes subject to circumstance. Common suits involve reverse engineering, electronic bulletin board publishing and maintenance firms using their clients' programs.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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