Has Judge Boudin Suggested a Viable Means of Copyright Protection for the Nonliteral Aspects of Computer Software in Lotus Development Corp. v. Borland International by David M. Maiorana. This Comment analyzes Judge Boudin's proposal for a new computer software copyright doctrine in light of the anticompetitive practices of copyright owners and the idea that the computer software copyright itself can create a monopoly. Part I reviews some major computer software cases involving copyright and antitrust principles that have shaped the law leading to the First Circuit's decision in Lotus and outlines the traditional arguments for and against granting software copyrights. Part III argues that Judge Boudin's suggestion is a viable alternative for computer software copyright protection because it provides incentives for innovation, it fosters competition while preserving compatibility, and it prevents monopolization by the initial entrant into the market.
Many individuals hold the view that authorship is lost on the net.
With the rapid transfer of information and the chaotic nature of internet communication, it becomes difficult to track an author if indeed the name of one ever appears. This authorless move challenges notions of intellectual property and authorship that have long been cornerstones of our legal system. In this paper I wish to argue that modern communications technology gives us an opportunity to again confront the debate over authorship and intellectual property that has its roots in the 18th century. I argue that while this debate is certainly not new, the infusion of the hyper-reality of internet and virtual communication bring us to a point in which a more radical challenge to intellectual property monopolies and the corresponding concept of the proprietary authorship can be examined. First, I wish to trace the 18th century debates on copyright and the emerging notion of the proprietary author to indicate how transformative this debate has been.