|
 |
|
|
445 Hamilton Avenue
Suite 1102
White Plains, NY 10601
Tel: 914-681-0100
Email: info@pitlaw.com |
|
|
|
|
|
|
| IT and IP Law |
|
|
| Protecting Software |
 One of the underlying concerns in any computer
contract is the protection of the software. Appropriate contracts are
crucial to a successful program of developing, exploiting and protecting
rights in computer software. This is true both in the development of the
software or creative work and in its licensing or sale.
Drafting and negotiating these contracts is part of the core practice at
Pitegoff Law Office PLLC. We help software developers protect their work in
the most effective way, and we help purchasers of software and computer
services to obtain the rights and services they expect.
How can you protect software?
Computer software can be protected in the U.S. by trade secrecy, copyright
and patent law. Each type of protection involves different considerations.
Generally, source code is protected by trade secrecy and copyright law,
while object code is protected by copyright law. Some software is also
protected by patent.
Although computer software is patentable, most software is
not patented. Because of the lengthy patent process, computer software
may be obsolete by the time a patent issues. Moreover, the developer may
prefer to preserve the code as a trade secret forever. Finally, most software
is not sufficiently novel to rise to the level of a patentable invention.
Copyright law is particularly important in light of the Internet, where
copying and distribution is very easy. However, copyright law is of limited
use for computer source code. While computer code is protectable by copyright
law, that law does not stop another from independently creating new code
that functions in the same way. Copyright law does not protect
the ideas and functional elements of software, as does patent law. It only protects
expression. For this reason, although copyright protection is inexpensive
and easy to obtain, copyright protection is far weaker than patent protection.
Independent creation is a complete defense to copyright infringement.
Trade secrecy is the most common method of protecting computer
source code. The source code of proprietary software distributed under a typical software
license remains secret. Software companies strive to maintain their competitive
edge by keeping the source code out of the hands of potential competitors.
Even if the source code copyright is registered with the U.S. Copyright
Office, only a small portion of the code need be filed upon registration,
while most of it typically remains secret. |
| |
|
|
Home » General Counsel Services » IT and IP Law » Protecting Software
Email
to a friend