University of Houston

Department of Computer Science

 

In partial fulfillment of the Requirements for the Degree of

Master of Science

 

Andrew De Lizio

will defend his thesis

 

Computer Software and Copyright Law

 

Abstract

Computer programs are protected under copyright laws. The literal aspects of computer programs are protected in the U.S. and around the world. Abstract elements of computer software are also protected in the U.S. and abroad. American courts have developed several standards for judging what abstract program elements are to be protected. Under the Whelan test, program structure and control are protected, whereas under the Abstraction-Filtration-Analysis test, only those program elements not dictated by efficiency are protected. Software user interfaces are not protectable under copyright law. American courts and the European Community have allowed source code copying to reverse engineer computer programs. Copying during reverse engineering may be done to understand a program’s ideas and processes. When attempting to enforce international copyrights, it is important to know the source of applicable law. The source of applicable law may be national law, treaty law, or a combination of national and treaty law. The main treaties governing international copyright law are the Berne Convention and TRIPS. Once the relevant law is known, the scope of protection may be determined by analyzing judicial interpretations in the nation where protection is sought.

 

 

Date: Wednesday, April 11, 2001

Time: 10:00 AM

Place: 550-PGH

 

Faculty, students, and the general public are invited.

Thesis Advisor: Dr. Ernst L. Leiss