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Effect of Software Technology and Electronic Transactions - Assignment Example

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The following paper “Effect of Software Technology and Electronic Transactions” looks at electronic commerce, which is essentially global in character. E-commerce and online transactions are made possible through the application of software technology…
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Effect of Software Technology and Electronic Transactions
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Download file to see previous pages The United Kingdom introduced in 1992 the protection of the software source code as a copyright literary work (Ellis par. 1). Under intellectual property, protection extends to the totality of ideas in their “expressed, recorded or implemented form” (par. 2). Thus, the mathematical formula used in the source code is not protected but only the specific expression that includes the formula (par. 3). Intellectual property rights are likewise protected by a contract with users through licenses (limits the copy to be used, usage only within a particular area) (par. 4). The UK gives legal protection to software through copyright, patents, designs, trademark, confidential information, and trade secrets (pars. 7-23). Patenting requires that the software should have an industrial application as required by Section 1 (1c) Patent Act (1977) (Redding par. 6; Intellectual Property 8) and as part of the industrial process (Redding par. 5). A patent is renewable every four years up to a period of 20 years enabling the owner exclusive right to exploit the invention (par. 5).
The Copyright (Computer Software) Amendment Act (1985) was the first English law that provided protection to software (par. 19). It amended the Copyright Act (1956) wherein the protection to literary work was applied to computer programs (par. 19). The 1985 Copyright Act was repealed by the CDPA S303 (2) schedule 8 (par. 19) where computer program was defined as literary work in CDPA S3 (1)(b) (par. 21). The Copyright (Computer Programs) Regulations (1992) (SI 1992/3233) implemented the EC Directive on the Legal Protection of Computer Programs (par. 19).
Although copyright law, contract, and license agreements provide protection to computer software (par. 12), copyrights and the common law of confidence are better than patent (par. 22). Copyright protection extends to 50 years to be reckoned from the end.  ...Download file to see next pagesRead More
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