The Changing Environment of Software Copyright: The Case of Apple Computer v. Microsoft Corp.

The Changing Environment of Software Copyright: The Case of Apple Computer v. Microsoft Corp.

Cherie Sherman Werbel (Ramapo College of New Jersey, USA) and Phillip Werbel (Attorney-at-Law, USA)
Copyright: © 1989 |Pages: 9
DOI: 10.4018/joeuc.1989040103
OnDemand PDF Download:
$30.00
List Price: $37.50

Abstract

This article addresses the current status of intellectual property protection for computer software, which consists of legislation and court decisions in the arenas of copyright, patent, and trade secret. The court decisions that set the precedent for the existing legal environment are surveyed and the pending case of Apple Computer v. Microsoft and Hewlett-Packard is discussed in detail. What will emerge from this case is a new definition of what constitutes copyright infringement of computer software. The potential effect of this new definition upon software developers and vendors will be explored. “Apple wins first round in softwarecopyright case” was the highlight of the Law Section of The Wall Street Journal on March 20, 1989 (Schmitt, 1989). Richard Sherlund, vice president of investment research at Goldman Sachs & Co. stated, “I think the whole industry is stunned by this announcement.” In Big Board trading, Hewlett-Packard slipped $2, Apple fell slightly, and Microsoft fell $4.75. What was the nature of Judge William Schwarzer’s decision and why was it so unexpected that it upset an entire industry? How did the legal and social environment that fostered the decision develop? What is the long-term impact of this decision on corporations, software developers, and consumers? These are the questions we can hope to answer by analyzing the history and progression of software copyright decisions, and the latest chapter in this saga, the case of Apple v. Microsoft.

Complete Article List

Search this Journal:
Reset
Open Access Articles: Forthcoming
Volume 30: 4 Issues (2018): 1 Released, 3 Forthcoming
Volume 29: 4 Issues (2017)
Volume 28: 4 Issues (2016)
Volume 27: 4 Issues (2015)
Volume 26: 4 Issues (2014)
Volume 25: 4 Issues (2013)
Volume 24: 4 Issues (2012)
Volume 23: 4 Issues (2011)
Volume 22: 4 Issues (2010)
Volume 21: 4 Issues (2009)
Volume 20: 4 Issues (2008)
Volume 19: 4 Issues (2007)
Volume 18: 4 Issues (2006)
Volume 17: 4 Issues (2005)
Volume 16: 4 Issues (2004)
Volume 15: 4 Issues (2003)
Volume 14: 4 Issues (2002)
Volume 13: 4 Issues (2001)
Volume 12: 4 Issues (2000)
Volume 11: 4 Issues (1999)
Volume 10: 4 Issues (1998)
Volume 9: 4 Issues (1997)
Volume 8: 4 Issues (1996)
Volume 7: 4 Issues (1995)
Volume 6: 4 Issues (1994)
Volume 5: 4 Issues (1993)
Volume 4: 4 Issues (1992)
Volume 3: 4 Issues (1991)
Volume 2: 4 Issues (1990)
Volume 1: 3 Issues (1989)
View Complete Journal Contents Listing