Softwars

This book attempts to explain 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 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. “Software” is divided into five parts, each consisting of two or more essays. In part 1, the author discusses the nature of computer programs and the history of intellectual property protection for computer programmes. Part 2 deals with the “look and feel” issue; it explains what consitutes infringement of rights in screen displays and other aspects of user interfaces, and the importance of the issue.
Part 3 concerns the practice known as “reverse engineering” of software; who does it, why, and what the legal and economic consequences are. In part 4, the reader is led to the boundaries of the legal debate, where the limits of the law are being tested. Part 5 contains 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, paricularly those involved in the computer industry, should find “Softwars” valuable reading.

Author Biography

ANTHONY L. CLAPES is Assistant General Counsel at IBM, responsible for managing litigation matters, including intellectual property ligitation. Mr. Clapes is a frequent lecturer at seminars on intellectual property protection for software. In 1991, he was named one of the leading high-tech intellectual property lawyers in the United States by the National Law Journal. He is the author of a seminal book on copyright law and computer programs, Software, Copyright and Competition: The Look and Feel of the Law (Quorum, 1989).