Computing Reviews
Today's Issue Hot Topics Search Browse Recommended My Account Log In
Review Help
Search
Computer law
Maggs P., Soma J., Sprowl J., West Publishing Co., St. Paul, MN, 1992. Type: Book (9780314921970)
Date Reviewed: Sep 1 1993

A survey of legal issues in computing is provided in this single-volume casebook. Although the book is intended for second- and third-year law students, it will interest technology managers confronted with legal issues as well as general corporate lawyers at technology companies.

Half the book is devoted to software protection, with later chapters outlining issues in computer contracts, taxation, information privacy, accuracy of information, electronic funds transfers, export restrictions, and competitive regulation. The authors devote 185 pages to the well-trodden ground of copyright protection for software, skimming lightly over the remaining topics. The copyright section reprints excerpts of the milestone judicial decisions in cases such as Apple Computer, Inc. v. Franklin Computer Corp. (ruling that object code is copyrightable), NEC v. Intel (finding microcode copyrightable), and the controversial “look and feel” decision, Whelan Associates, Inc. v. Jaslow Dental Laboratory, Inc. Thus, the authors provide primary source material for those interested in the rationale underpinning these important decisions. Given the vast legal literature available on software copyright, the authors would have done a greater service by summarizing the cases rather than providing extensive reprints of the decisions.

In contrast, the section on patent protection of software provides only the essential decisions and Patent Office comments needed to understand this complex subject. The authors also reproduce a software patent owned by Apple Computer and comment on the structure of the patent and its claims. This section will enable engineers and managers to rapidly understand the nature of patents and the process of procuring patents.

Unfortunately, the authors discuss misappropriation of technology trade secrets far too briefly. This important doctrine, grounded in state law, is emerging as a powerful weapon for management to control the transfer of technology to companies joined by defecting or disgruntled employees. The Borland v. Symantec case currently pending in  California  involves a claim of millions of dollars in damages arising from theft of trade secrets. The authors have missed an opportunity to explain the dangers of misappropriation and the future impact of trade secret lawsuits.

The remaining sections provide a thumbnail sketch of each topic. Because so few cases and materials are provided, this book is not a comprehensive resource on these topics. Given the evident space restrictions on these topics, the authors could have provided a bibliography to point the reader to in-depth references. The book does provide a useful primer to orient the reader to the nature of the legal problems found in many aspects of computing, however.

Reviewer:  Christopher J. Palermo Review #: CR117362
Bookmark and Share
 
General (K.5.0 )
 
 
Governmental Issues (K.5.2 )
 
 
Hardware/ Software Protection (K.5.1 )
 
Would you recommend this review?
yes
no
Other reviews under "General": Date
Legal aspects of computer use
Wolk S., William J. J., Prentice-Hall, Inc., Upper Saddle River, NJ, 1986. Type: Book (9789780135280768)
Sep 1 1986
Software development
Fishman S., Nolo Press, Berkeley, CA, 1994. Type: Book (9780873372091)
Mar 1 1995
Cyberspace and the law
Cavazos E., Morin G., MIT Press, Cambridge, MA, 1994. Type: Book (9780262531238)
May 1 1995
more...

E-Mail This Printer-Friendly
Send Your Comments
Contact Us
Reproduction in whole or in part without permission is prohibited.   Copyright 1999-2024 ThinkLoud®
Terms of Use
| Privacy Policy