Study on Anti-Circumvention Law and the Scope of Competition Act in Copyright Protection of Computer Program | Original Article

ABSTRACT:

It has for some time been settled that copyright assumes a significant part in the insurance of program. Past the assurance of program code,1 in any case, the extent of copyright insurance in a PC program stays a matter of warmed discussion among observers and a matter of outrageous disarray in the courts. This legal disarray is pleasantly exemplified continuously Circuit's 1997 choice in Softel, Inc. v. Winged serpent Medical and Scientific Communications, Inc.2 The Second Circuit, in Computer Associates International, Inc. v. Altai,' had prior set up what has become the most generally acknowledged test for isolating shielded from unprotected components in PC programs. The Softel board, in any case, perceived neither the right specialized use of the Computer Associates test nor its understood basic approach premise. Accordingly, the case depended on transcendentalism to figure out what is secured articulation in a PC program and what isn't. Surely, a large part of the language of the Softel assessment harkens back to the methodology of the Third Circuit in Whelan Associates, Inc. v. Jaslow Dental Laboratory, Inc,4 which was explicitly dismissed in Computer Associates.' Thus, Softel isn't a stage forward however may, indeed, address a retrogression along the rough street to a rational arrangement of licensed innovation assurance for PC programming.