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Legal Battles that Shaped the Computer Industry [Hardcover]

Lawrence D. Graham (Author)

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Book Description

August 30, 1999
A few lawsuits have changed the entire shape of the computer industry as nearly every aspect of computers has come under litigation. These courtroom battles have confused not only computer and legal amateurs, but lawyers, juries, and judges too. The result has been illogical legal opinions, reversals on appeal, and an environment in which the outcome of key legal battles is not only unpredictable but could change the industry's direction yet again. Graham surveys the past and shows how it points to the future. He illustrates how the absence of statutes specifically protecting software has frequently forced courts to simultaneously create and apply the law. Graham covers the whole spectrum of computer hardware and software, addressing the litigation that affected each part of the product chain. In 23 chapters he cuts through the legalese while still offering enough substance to introduce lawyers unfamiliar with intellectual property law to the evolving legal landscape of this dynamic and contentious industry. No prior legal background is required to understand Graham's presentation, however. The result is a comprehensive and fascinating study of this newest of new century industries, and a book that will guide --and caution!-- anyone now in it or who expects to be a part of it tomorrow. Graham shows how the course of litigation in the computer industry has substantially paralleled the growth of the industry itself. Yet, while computer law has been an active field, it is also an unpredictable one. The law governing computers was particularly sketchy prior to 1976, Graham explains, when it was unclear whether programmers had any legal rights to the software they developed. In l976 Congress modified the statutes to specify that software was indeed eligible but unfortunately offered little guidance to the courts on how to apply copyright laws to software. With each lawsuit the courts added to the sketchy foundation of copyright laws, developing the law as they went along. Graham shows that because the courts have so often made the law as they applied it, many computer-related lawsuits had an especially profound impact on the industry. By outlining this history of the development of computer law and its effect on the computer industry, Graham provides a broad outline of the state of computer law today, and a fascinating look at the industry itself.

Editorial Reviews

Review

“LEGAL BATTLES is a readable and concise volume aptly summarizing important cases involving intellectual property disputes in the computer industry.”–The Law and Politics Book Review

“Each of the 24 chapters is clear and concise....those attorneys who may be first thinking of focusing on these issues use the book as a starting point for a much more in-depth inquiry.”–Computing Reviews

About the Author

LAWRENCE D. GRAHAM practices patent, copyright, trademark, and other intellectual property law at the Seattle law firm of Black Lowe & Graham.

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Inside This Book (learn more)
First Sentence:
The enemy was a moving target, separated from the sentry by a dense, swirling fog. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
software patent applications, data input formats, violating matter, power capsule, veterinary biological product, data entry formats, nonliteral elements, menu arrangements, icon designs, software inventions, keypunch cards, font software, font designers, other audiovisual work, software patents, free software movement, enhancement devices, request for disclosure, bona fide intention, typeface design, claimed invention, many software companies
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Supreme Court, United States, Game Genie, Southern Software, Copyright Office, Patent Office, Micro Star, Whelan Associates, Duke Nukem, Select Phone, Apple Computer, Apple Macintosh, Judge Keeton, Key Reader, Lotus Dev, Paperback Software, Quattro Pro, Borland Int'l, Data East, Karate Champ, Internet Explorer, Microsoft Windows, Northwest Area-Wide, The Big Deal, Artic International
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