Monday, 13 August 2012

Copyright protection and algorithms

This blogger has been asked if he can recommend any good -- and ideally recent -- articles on copyright protection of algorithms. Although he has seen numerous comments, and indeed participated in a number of discussions with friends and colleagues, on this topic, he has always looked at the question from first principles and can't actually point to any articles on either side of the Atlantic that he has read that relate specifically to copyright rather than patent law.

Can any reader suggest some good reading on this topic, from any jurisdiction and in any language, that can be passed on to the person asking for it? If so, can he or she please post it below as a comment or email me here.


Estelle Derclaye said...

For some discussion, e e.g. the recent comment of the SAS case in EIPR by D. Gervais and I : The scope of computer program protection after SAS: are we closer to answers? EIPR. 34(8), pp. 565-572.

Jeremy said...

I've received the following information from Franck Macrez, who writes:

I wrote a paper, but :
- it's in French
- it's talking about copyright / software patent cumulation

But maybe a few elements at §17-18 and 22-23
And the conclusion is the non-protectability of algorithms as a general principle of law (copyright, patent, unfair competition...)