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Leistner, Matthias --- "The Protection of Databases" [2009] ELECD 176; in Derclaye, Estelle (ed), "Research Handbook on the Future of EU Copyright" (Edward Elgar Publishing, 2009)

Book Title: Research Handbook on the Future of EU Copyright

Editor(s): Derclaye, Estelle

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847203922

Section: Chapter 17

Section Title: The Protection of Databases

Author(s): Leistner, Matthias

Number of pages: 30

Extract:

16 Copyright protection of computer programs
Jon Bing



Copyright and information technology
In the 1960s, computer programs were considered accessories to the very
expensive computers. There were several reasons for this, one that a program
simply could not be run on any other computer than the one for which it was
written, high-level languages were still in the making1 and compatibility was
low. But IBM had considerable success with its 360-series announced in 1964
allowing customers to purchase a smaller system and migrate upward if their
needs grew. In 1969 IBM decided ­ perhaps somewhat stimulated by the anti-
trust suit to which it was party2 ­ to unbundle hard- and software. As computer
programs were separately priced, it became possible for third parties to offer
competing programs. And in such a market arose the obvious issue of the
protection of computer programs.
At this time, it was still unclear to what extent the US Copyright law
applied to computer programs. There were several court decisions, the copy-
right and patent systems competing to become the legal framework for the
intellectual property protection of computer programs. There were also strong
advocates for a third possibility, a sui generis regime for computer programs,
as it was pointed out that neither copyright nor patent was designed to accom-
modate the special features of computer programs, the characteristic which is
occasionally called `industrial copyright', programs themselves often called
`soft machines'.
The author will be permitted an anecdote3 by way of illustration. At one ...


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