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, Phillip Werbel
Copyright: © 1989 |Pages: 9
DOI: 10.4018/joeuc.1989040103
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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.

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