Ideation, Conceptualization, Realization - Discovering the Creative Scope in Software Engineering from the Perspective of Copyright and Patent Law
Today, the software industry is regarded as one of the most creative and dynamic industries in the world. New, innovative products are constantly being launched, and known established paths for analogue solutions are being challenged and abandoned. Sheltering software through copyright and patent la...
Uloženo v:
| Hlavní autor: | |
|---|---|
| Médium: | Online |
| Jazyk: | angličtina |
| Vydáno: |
EIZ Publishing
2024
|
| Témata: | |
| On-line přístup: | ONIX_20240708_9783038054450_179 |
| Tagy: |
Žádné tagy, Buďte první, kdo vytvoří štítek k tomuto záznamu!
|
| _version_ | 1869514068579057664 |
|---|---|
| author | Leins, Sarah |
| author_browse | Leins, Sarah |
| author_facet | Leins, Sarah |
| author_sort | Leins, Sarah |
| collection | Directory of Open Access Books |
| description | Today, the software industry is regarded as one of the most creative and dynamic industries in the world. New, innovative products are constantly being launched, and known established paths for analogue solutions are being challenged and abandoned. Sheltering software through copyright and patent law has been a major point of contention for the past 40 years. A particular difficulty lies in determining the scope of protection in intellectual property law. While the legal framework is highly standardized through several multinational codes, its practical application differs significantly among the various jurisdictions. Economists and lawyers have tried to make the present protection system more balanced and at the same time more efficient. Unfortunately, these analyses often neglect the technical realities – the practicalities and needs of software developers and right holders. The discourse is frequently limited to one particular closed discipline. This doctoral thesis examines the rapidly changing and complex software development market and discusses some pressing legal issues. The aim is to analyse how computer programs are developed and commercialized nowadays, and to evaluate to what extent copyright and patent law are able to reflect these structures. Based on these conclusions, it is then explored what an optimal protection scope for computer programs could look like in copyright and patent law. In 12 expert interviews, technical in-house specialists were questioned about how software companies work today, how they proceed in developing their programs, how they commercialize them through sales and services, and to what extent they use legal measures to protect their software. The results of these qualitative interviews were then evaluated systematically and legally reintegrated. The main achievement of this thesis is to provide the necessary basic scientific research regarding how the software industry works today and how this might affect copyright and patent law. From a legal perspective, it offers novel insights and points of view on existing doctrines. Further, it acknowledges some prevailing trends in the software industry which have so far been largely unaddressed by copyright and patent law. It also discusses possible approaches to how these problems could be tackled in the future. |
| format | Online |
| id | doab-20.500.12854ir-139971 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2024 |
| publishDateRange | 2024 |
| publishDateSort | 2024 |
| publisher | EIZ Publishing |
| publisherStr | EIZ Publishing |
| record_format | ojs |
| spelling | doab-20.500.12854ir-1399712024-07-09T05:19:21Z Ideation, Conceptualization, Realization - Discovering the Creative Scope in Software Engineering from the Perspective of Copyright and Patent Law Leins, Sarah Patentrecht Software Recht Continuous Development Agile Iterative Scrum Copyright Intellectual Property Immaterialgüterrecht Look and Feel GUI Source Code Algorythm thema EDItEUR::L Law Today, the software industry is regarded as one of the most creative and dynamic industries in the world. New, innovative products are constantly being launched, and known established paths for analogue solutions are being challenged and abandoned. Sheltering software through copyright and patent law has been a major point of contention for the past 40 years. A particular difficulty lies in determining the scope of protection in intellectual property law. While the legal framework is highly standardized through several multinational codes, its practical application differs significantly among the various jurisdictions. Economists and lawyers have tried to make the present protection system more balanced and at the same time more efficient. Unfortunately, these analyses often neglect the technical realities – the practicalities and needs of software developers and right holders. The discourse is frequently limited to one particular closed discipline. This doctoral thesis examines the rapidly changing and complex software development market and discusses some pressing legal issues. The aim is to analyse how computer programs are developed and commercialized nowadays, and to evaluate to what extent copyright and patent law are able to reflect these structures. Based on these conclusions, it is then explored what an optimal protection scope for computer programs could look like in copyright and patent law. In 12 expert interviews, technical in-house specialists were questioned about how software companies work today, how they proceed in developing their programs, how they commercialize them through sales and services, and to what extent they use legal measures to protect their software. The results of these qualitative interviews were then evaluated systematically and legally reintegrated. The main achievement of this thesis is to provide the necessary basic scientific research regarding how the software industry works today and how this might affect copyright and patent law. From a legal perspective, it offers novel insights and points of view on existing doctrines. Further, it acknowledges some prevailing trends in the software industry which have so far been largely unaddressed by copyright and patent law. It also discusses possible approaches to how these problems could be tackled in the future. 2024-07-09T05:19:20Z 2024-07-09T05:19:20Z 2024-07-08T16:23:28Z 2021 book ONIX_20240708_9783038054450_179 https://library.oapen.org/handle/20.500.12657/91842 9783038054450 https://directory.doabooks.org/handle/20.500.12854/139971 eng open access image/jpeg Attribution-NonCommercial-NoDerivatives 4.0 International https://library.oapen.org/bitstream/20.500.12657/91842/1/202402.pdf EIZ Publishing EIZ Publishing 91e6d89a-09b4-428c-88e0-d8c7805ed89d 8a470d39-caea-487e-95e2-ffec99f110ef c9fff097-a6b0-4c97-afcd-d033f5f27a3d 07f61e34-5b96-49f0-9860-c87dd8228f26 9783038054450 Swiss National Science Foundation (SNF) Zürich 10BP12_202402 Open Access Books Schweizerischer Nationalfonds zur Förderung der Wissenschaftlichen Forschung Swiss National Science Foundation 10.13039/501100001711 open access |
| spellingShingle | Patentrecht Software Recht Continuous Development Agile Iterative Scrum Copyright Intellectual Property Immaterialgüterrecht Look and Feel GUI Source Code Algorythm thema EDItEUR::L Law Leins, Sarah Ideation, Conceptualization, Realization - Discovering the Creative Scope in Software Engineering from the Perspective of Copyright and Patent Law |
| title | Ideation, Conceptualization, Realization - Discovering the Creative Scope in Software Engineering from the Perspective of Copyright and Patent Law |
| title_full | Ideation, Conceptualization, Realization - Discovering the Creative Scope in Software Engineering from the Perspective of Copyright and Patent Law |
| title_fullStr | Ideation, Conceptualization, Realization - Discovering the Creative Scope in Software Engineering from the Perspective of Copyright and Patent Law |
| title_full_unstemmed | Ideation, Conceptualization, Realization - Discovering the Creative Scope in Software Engineering from the Perspective of Copyright and Patent Law |
| title_short | Ideation, Conceptualization, Realization - Discovering the Creative Scope in Software Engineering from the Perspective of Copyright and Patent Law |
| title_sort | ideation conceptualization realization discovering the creative scope in software engineering from the perspective of copyright and patent law |
| topic | Patentrecht Software Recht Continuous Development Agile Iterative Scrum Copyright Intellectual Property Immaterialgüterrecht Look and Feel GUI Source Code Algorythm thema EDItEUR::L Law |
| topic_facet | Patentrecht Software Recht Continuous Development Agile Iterative Scrum Copyright Intellectual Property Immaterialgüterrecht Look and Feel GUI Source Code Algorythm thema EDItEUR::L Law |
| url | ONIX_20240708_9783038054450_179 |
| work_keys_str_mv | AT leinssarah ideationconceptualizationrealizationdiscoveringthecreativescopeinsoftwareengineeringfromtheperspectiveofcopyrightandpatentlaw |