计算机软件法律保护1a.pptx

计算机软件法律保护Legal Protection of Computer Software课件（1a）主讲人：贺炯 办公室：崇法楼420室电话邮：mailto:hejiong@ecupl.edu.cnhejiong@ecupl.edu.cnWhy “Legal Protection of Computer Software” makes an IP course?What is IP?The Congress shall have Power to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. (Article 1, s. 8, c.8, U.S. Constitution)The Trade-Mark Cases, 100 U.S. 82 (1879) ruled that the IP Clause of the Constitution gave Congress no power to protect or regulate trademarks. Congress then passed the Trade Mark Act of 1881, which was based on the Commerce Clause power, and therefore passed constitutional muster.The Congress shall have power To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. (Article 1, s. 8, c.3, U.S. Constitution)White-Smith v. Apollo, 209 U.S. 1 (1908) ruled that manufacturers of music rolls for player pianos did not have to pay royalties to the composers, based on a holding that the piano rolls were not copies of the plaintiffs’ copyrighted sheet music, but were instead parts of the machine that reproduced the music.The later Copyright Act defined a “copy” as a “material object in which a work is fixed and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” Assessment70%: Final close-book examination30%: Attendance and essay writingAbout the essay: Topic: whatever you want to write about “open source software”Word limit: 3000 words (including footnote)Language: Chinese or EnglishSubmit time: Week 10Main textbooks and referencesMark A. Lemley, Peter S. Menell, Robert P. Merges, Pamela Samuelson and Brian W. Carver, Software and Internet Law (4th Edition), Aspen Publishers (2011)应明、孙彦，《计算机软件的知识产权保护》， 知识产权出版社，2009年David Bainbridge, Legal Protection of Computer Software: Fifth Edition, Bloomsbury Professional (