The Idea–Expression Dichotomy and its Role in Software-Related Disputes

Autor: Noam Shemtov
Rok vydání: 2017
Předmět:
DOI: 10.1093/oso/9780198716792.003.0004
Popis: This chapter examines the idea-expression dichotomy principle and its application in dealing with software copyright infringement disputes. More specifically, it asks to what extent access to ideas or information embedded in the author’s work, as well as the freedom to utilize them, is justified as a matter of copyright law jurisprudence. The chapter first traces the origins of the idea-expression dichotomy and the key milestones in its development, before discussing the arguments for and against it. It also analyses the application of the idea-expression dichotomy in software-related disputes in the United Kingdom, European Union, and United States, with particular focus on functional aspects of software products and services. Finally, it looks at the public policy considerations that stand at the heart of the idea-expression dichotomy principle and their relevance to the software-industry context.
Databáze: OpenAIRE