The Need for Software Innovation Policy
This paper examines the current legal treatment of software innovation. It argues that recent judicial standards for the regulation of software innovation do not adequately protect innovation. It presents an original standard for the regulation of software innovation, one intended to guide judicial decisions in contributory copyright liability, in interpretations of the Digital Millennium Copyright Act, and in every courtroom where a developer is on trial for the mere creation and distribution of software. The standard presented in this paper separates the questions of liability and remedy in order to produce an optimal dynamic balance of interests.
Computer Law | Intellectual Property | Internet Law | Science and Technology
Date of this Version
Christopher Riley, "The Need for Software Innovation Policy" (January 23, 2007). bepress Legal Series. bepress Legal Series.Working Paper 1955.