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Journals ACM SIGMICRO Newsletter Volume 12 Issue 3

There have been a number of recent articles in the trade press regarding the protection of computer innovations which are not strictly hardware (such as firmware and software). An article by David Pressman in the August 5 issue of EDN (their A Question of Law column summarizes the five methods of safeguarding innovations, namely:Copyright -- protects any copy of a written work from use by others without permission. Recent changes to Federal law explicitly extend copyright protection to software.Trade Secrecy - By not disclosing information about a product, and requiring all users to sign a nondisclosure agreement, anyone stealing a copy of the product may be prosecuted for stealing a "trade secret". This method and copyright protection are mutually exclusive.Unfair Competition - If someone is trying to cash in on some aspect or your product without extending proper credit, you may be able to get relief under this doctrine.Patent - Recent Supreme Court rulings may be leading to liberalized interpretation of patent laws extending patent protection to firmware and software innovations. The key is to claim the innovation with hardware, even if that specific hardware is not required for the innovation to work. Further, the firmware or software must not be the primary item claimed. Trademarks - used to attract attention to your product, and make its piracy more obvious. Presl.

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Recent articles on protection of computer related innovations

Wallach, Walter
ACM SIGMICRO Newsletter , Volume 12 (3)
Association for Computing Machinery – Sep 1, 1981

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