Softwars: The Legal Battles for Control of the Global Software Industry [Hardcover]

Anthony L. Clapes (Author)

Book Description

Publication Date: January 30, 1993 | ISBN-10: 0899305970 | ISBN-13: 978-0899305974 | Edition: First Edition

Softwars: The Legal Battles for Control of the Global Software Industry explains why the future of the computer industry depends on the nature and extent of intellectual property protection for the software that controls computer hardware. The "softwars" it discusses are the confrontations taking place in the courtroom, in the legislative chambers and in professional symposia around the world in which the scope of intellectual property protection for computer software is being debated and, in some cases, determined. In a highly readable and entertaining series of essays, the author explains the influences of clones, hackers, vendors of proprietary systems, vendors of open systems, software patents, copyrights and trade secrets on the evolution of the industry. No other book to date has provided either as lucid a description of the major litigation involving software protection or as cogent an analysis of the economic and strategic consequences of that litigation. Softwars is divided into five parts, each consisting of two or more essays. In Part I, the author discusses the nature of computer programs and the history of intellectual property protection for computer programs. Part II deals with the "look and feel" issue; it explains what constitutes infringement of rights in screen displays and other aspects of user interfaces, and the importance of the issue. Part III concerns the practice known as "reverse engineering" of software; who does it, why, and what the legal and economic consequences are. In Part IV, the reader is led to the boundaries of the legal debate, where the limits of the law are being tested. Part V is the author's conclusion and prognostications for the future of the computer industry and the law. Anyone interested in the intersection of law and technology, and particularly those involved in the computer industry, will find Softwars valuable and compelling reading.

Editorial Reviews

From Library Journal

One of the fastest-growing areas of law is computer litigation, and by far its most volatile aspect concerns intellectual property rights. For example, is there copyright protection for a screen display? Can software be patented? More and more, cases are springing up within the computer industry that test the limits of intellectual property law, and Clapes here gives a comprehensive account of those various legal battles. Amazingly readable for a book about both law and computers, this well-researched and well-organized volume covers all aspects of the software skirmishes, from copyright and patent law to the economics involved, and even offers some predictions about possible legal trends and wranglings. Entertaining yet thought-provoking, this is recommended for all legal, business, and computer collections.
- Sally G. Waters, Stetson Law Lib., St. Petersburg, Fla.
Copyright 1993 Reed Business Information, Inc.

Review

“One of the fastest growing areas of law is computer litigation, and by far the most volatile aspect of it concerns intellecutual property rights. For Example, is there copyright protection for a screen display? Can software be patented? More and more cases are springing up within the computer industry that test the limits of intellectual property law, and Clapes here gives a comprehensive account of those various legal battles. Amazingly readable for a book about both law and computers, this well-researched and well-organized volume covers all aspect of the software skirmishes, from copyright and patent law to the economics involved, and even offers some predictions on possible legal trends and wranglings. Entertaining, yet thought-provoking, this is recommended for legal, business, and computer collections.”–Library Journal

“Softwars is a lively account of the development of intellectual property law regarding computer software . . . Clapes is remarkably successful at making a technical subject approachable.”–Yale Journal of International Law

See all Editorial Reviews

Product Details

• Hardcover: 336 pages
• Publisher: Quorum Books; First Edition edition (January 30, 1993)
• Language: English
• ISBN-10: 0899305970
• ISBN-13: 978-0899305974
• Product Dimensions: 9.4 x 6.2 x 2.4 inches
• Shipping Weight: 1.7 pounds (View shipping rates and policies)
• Amazon Best Sellers Rank: #2,953,801 in Books (See Top 100 in Books)