School of Information Technology and Electrical Engineering, 
THE UNIVERSITY OF QUEENSLAND

Computers and Law

Cristina Cifuentes, Anne Fitzgerald.

How does copyright extend to protect computer software? Is object code protected in the same way as source code? What are the implications of recent court decisions on copyright and the Internet? Are patents useful to the software community?

Seminar
Innovation, Software and Reverse Engineering: Technological and Legal Issues, 23 March 2000, Santa Clara University, USA. Chaired by Brian Fitzgerald and Cristina Cifuentes.

Going Digital 2000
A Fitzgerald, B Fitzgerald, C Cifuentes and P Cook (editors), Going Digital 2000. Prospect Media Pty, Sydney, Australia, February 2000.

Going Digital 2000 book launch
Justice Michael Kirby launched GD 2000 in Sydney, Feb 2000.

Contents

  1. Research
  2. Teaching and Education
  3. Highlights
  4. Publications
  5. Book Reviews
  6. Related Sites

Research

In today's computer-based world, the protection of computer software and hardware is an ever increasing issue in most countries. In Australia, computer software has been protected by copyright since the 1984 amendmends to the Copyright Act. These amendments made it clear that computer software is protected by copyright as literary works, i.e. in the same way as books, poems and videos are protected. Copyright protection led to uncertainties in the Courts regarding the extent of protection afforded by copyright to object code, given that object code cannot be read as such by a human person. In 1995 the Copyright Law Review Committee presented a report making extensive recommendations relating to the protection of software, databases and multimedia. The report is still being considered by the federal government.

Worldwide, the ever increasing reliance on the Internet has created even further concerns regarding the ownership of software posted on the Internet, the rights (e.g. distribution, publication) that a software author can control, and whether copyright is a suitable way of protecting software anyway. A sui generis (i.e. of its own type) protection method has been advocated by several. However, others argue that the Internet should be a public system where copyright laws should not apply.

In the first Australian and worldwide case to deal with copyright in a shareware program distributed on the Internet, the courts held that copyright is not lost by a software author if the software is distributed on the Internet. Even further, the courts thought necessary the implication of a license regarding the redistribution of shareware software, that was, that the software has to be distributed in its entirety, without modifications, additions or deletions.


Teaching and Education

More recently, we have been focusing on the education of the Australian software development community in the area of software patents. To this end we organised a panel session at the 1997 Australian Software Engineering Conference in Sydney at which experts in software patenting and a representative of IP Australia discussed recent developments internationally.

We also developed a proposal for a legal strand in the Computer Science curriculum. The first part of this proposal has been implemented by including sessions on intellectual property concepts relevant to information technology in the first year introduction to computing course.


Highlights


Book Reviews

We have written the following reviews on books that are relevant to the area of Computers and the Law.


Related sites

Chris Wood's
Information Technology Law in Australia site.


Last updated: 9 March 2000
cristina@csee.uq.edu.au

This page: http://www.csee.uq.edu.au/~cristina/cal.html