Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Copyright Law and Computer Programs: The Role of Communication in Legal Structure


ISBN13: 9780815334712
ISBN: 0815334710
Published: July 2002
Publisher: Routledge
Country of Publication: USA
Format: Paperback
Price: £145.00



Despatched in 5 to 7 days.

This book analyzes U.S. federal cases on the copyright protection of computer software programs, to examine the role of communication in legal decision making process. It is the first to apply Anthony Giddens' theory of structuration to analyze law in a systematic and empirical way. Previous studies considered law to be independent, objective and neutral, and even those that considered social structures and actors focused on economic and political factors. Employing the framework of the author, the work, and the use, this study attempts to show how relationships and struggles of the parties are actually manifested through communication, and how the strategic communication of the parties influences the structural environment of copyright law. There has been a long-running debate over whether and how the copyright law, evolved from the era of the print technology, should be applied to computer programs, a new work of authorship. Contrary to some cautionary arguments that modern copyright law tends to protect copyright holders while disregarding authors' rights, the struggle between developers and non-developers, rather than between copyright holders and non-copyright holders, was clearly manifested in legal arguments. The construct of authorship has been modified, yet remained central in copyright discourse. On the other hand, the concept of the use, despite the significance of users in copyright regime, has yet to be developed to play an important role in the legal arguments. Moreover, the factor of whether the party was a developing entity, was found to be a single most important factor influencing the courts' decisions. But only when the party could successfully present itself as the one involved with developing activities, the court was more likely to accept its argument than the other party's. Therefore, it was the legitimacy gained by communicating the nature of the party, rather than the nature of the party itself, that made the difference in the ways the courts made decisions. This book presents how, in this process of strategic communication, the structure of copyright law was reproduced and transformed.

Subjects:
Other Jurisdictions , USA, IT, Internet and Artificial Intelligence Law
Contents:
Preface
Chapter 1 Introduction
Part I. Copyright System as Legal Structure
Chapter 2 Law as a Process of Structuration
Chapter 3 Structural Rules and Resources in Copyright System
Chapter 4 The Process of Research
Part II. The Dynamics of Structural Change
Chapter 5 Computer Program Copyright Cases
Chapter 6 Interplay of Actors, Resources, and Court Decisions
Chapter 7 Use of Structural Rules and Resources in Legal Arguments
Part III. Process of Structuration in Copyright Cases
Chapter 8 Reassessing the Role of Communication
Chapter 9 Conclusion
Epilogue. The Process of Structuration Through Communicative Actions Coding Schemes for the Analysis of Arguments