Functional Compatibility and the Law: From the Necessity of Clean Room Development of Computer Software to the Copyrightability of Computer Hardware

Abstract

A detailed summary and outline is given of the influence of patent and copyright law on the computer industry. In particular, the focus is on the effect of this body of law on functional compatibility of available computers, present and future. It covers: the source of the conflict between the patent and copyright laws; the expanding scope of copyright protection of computer software, including the idea-expression dichotomy, the merger doctrine, and clean-room development of software; and the possible copyright protection of computer hardware.<>