CONTU revisited: the case against copyright protection for computer programs in machine-readable form.

Area of Science:

• Intellectual Property Law
• Computer Science
• Copyright Law

Background:

• The National Commission on New Technological Uses of Copyrighted Works (CONTU) recommended extending copyright protection to machine-readable computer programs.
• This recommendation has been criticized for potentially misunderstanding both computer technology and copyright principles.

Purpose of the Study:

• To critically evaluate the CONTU report's recommendations regarding copyright for computer programs.
• To analyze the conceptual flaws in extending copyright protection to machine-readable software.

Main Methods:

• Analysis of the CONTU report's findings and recommendations.
• Examination of historical principles in copyright and patent law.
• Legal interpretation of statutes and case law concerning copyrightability.

Main Results:

• CONTU's report misunderstood the importance of disclosure in copyright and patent law.
• The report erroneously concluded that utilitarian works are copyrightable, contrary to existing law.
• Machine-readable programs are inherently utilitarian and do not disclose their contents, making them unsuitable for copyright.

Conclusions:

• Copyright protection is inappropriate for machine-readable computer programs.
• Existing copyright law is ill-suited for software due to its utilitarian nature and lack of disclosure.
• A new form of intellectual property law is recommended for machine-readable programs.