Apple Computer, Inc. v. Franklin Computer Corp., 714 F.2d 1240 (3d Cir. 1983), was the first time an appellate level court in the United States held that a computer's BIOS could be protected by copyright. As second impact, this ruling clarified that binary code, the machine-readable form of software and firmware, was copyrightable too and not only the human-readable source code form of software.[1][2]
CONTU Revisited: The Case against Copyright Protection for Computer Programs in Machine-Readable Form
Professor Samuelson casts a critical eye on the Final Report of the National Commission on New Technological Uses of Copyrighted Works (CONTU) which recommended that copyright protection be extended to machine-readable versions of computer programs. CONTU appears to have misunderstood computer technology and misinterpreted copyright tradition in two significant respects. The Commission failed to take into account the historical importance of disclosure of the contents of protected works as a fundamental goal of both the copyright and patent laws. It also erroneously opined that the utilitarian character of a work was no bar to its copyrightability when both the statute and the case law make clear that utilitarian works are not copyrightable. Since computer programs in machine-readable form do not disclose their contents and are inherently utilitarian, copyright protection for them is inappropriate. Congress acted on CONTU's recommendation without understanding the significance of these conceptual flaws. Professor Samuelson recommends the creation of a new form of intellectual property law specifically designed for machine-readable programs.
CONTU Revisited: The Case Against Copyright Protection for Computer Programs in Machine-Readable Form
Professor Samuelson casts a critical eye on the Final Report of the National Commission on New Technological Uses of Copyrighted Works (CONTU) which recommended that copyright protection be extended to machine-readable versions of computer programs. CONTU appears to have misunderstood computer technology and misinterpreted copyright tradition in two significant respects. The Commission failed to take into account the historical importance of disclosure of the contents of protected works as a fundamental goal of both the copyright and patent laws. It also erroneously opined that the utilitarian character of a work was no bar to its copyrightability when both the statute and the case law make clear that utilitarian works are not copyrightable. Since computer programs in machine-readable forms do not disclose their contents and are inherently utilitarian, copyright protection for them is inappropriate. Congress acted on CONTU's recommendation without understanding the significance of these conceptual flaws. Professor Samuelson recommends the creation of a new form of intellectual property law specifically designed for machine-readable programs.
Tailoring Legal Protection for Computer Software
Peter S. Menell, Tailoring Legal Protection for Computer Software, Stanford Law Review, Vol. 39, No. 6 (Jul., 1987), pp. 1329-1372
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» Apple, Carmen Sandiego, and the Rise of Edutainment The Digital Antiquarian
If there was any one application that was the favorite amongst early boosters of personal computing, it was education. Indeed, it could sometimes be difficult to find one of those digital utopianists who was willing to prioritize anything else — unsurprisingly, given that so much early PC culture grew out of places like The People’s Computer Company, who made “knowledge is power” their de facto mantra and talked of teaching people about computers and using computers to teach with equal countercultural fervor. Creative Computing, the first monthly magazine dedicated to personal computing, grew out of that idealistic milieu, founded by an educational consultant who filled a big chunk of its pages with plans, schemes, and dreams for computers as tools for democratizing, improving, and just making schooling more fun. A few years later, when Apple started selling the II, they pushed it hard as the learning computer, making deals with the influential likes of the Minnesota Educational Consortium (MECC) of Oregon Trail fame that gave the machine a luster none of its competitors could touch. For much of the adult public, who may have had their first exposure to a PC when they visited a child’s classroom, the Apple II became synonymous with the PC, which was in turn almost synonymous with education in the days before IBM turned it into a business machine. We can still see the effect today: when journalists and advertisers look for an easy story of innovation to which to compare some new gadget, it’s always the Apple II they choose, not the TRS-80 or Commodore PET. And the iconic image of an Apple II in the public’s imagination remains a group of children gathered around it in a classroom.
Transcribed Proceedings of CONTU
CONTU, or the Commission on New Technological Uses of Copyrighted Works, was established in 1974 by United States Congress to study issues associated with copyrighted works in computers and compute…
LotusNotes
I tend to focus on the origin of the computer within the military. Particularly in the early days of digital computing, the military was a key customer, and fundamental concepts of modern computing arose in universities and laboratories serving military contracts. Of course, the war would not last forever, and computing had applications in so many other fields—fields that, nonetheless, started out as beneficiaries of military largesse.
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Technology and Below-the-Line Labor in the Copyfight over Intellectual Property
Andrew Ross, Technology and Below-the-Line Labor in the Copyfight over Intellectual Property, American Quarterly, Vol. 58, No. 3, Rewiring the "Nation": The Place of Technology in American Studies (Sep., 2006), pp. 743-766