Beyond the Code

Although the law on infringement is relatively straightforward in relation to thecopying of literal and textual elements of software, it is the copying of non-literaland functional elements that poses complex and topical questions in the contextof intellectual property (IP) protection. In many cases, it is these non-literal andfunctional elements that contain the real value of a software product. This
bookconcerns the copying of non-literal and functional elements of software in boththe United States and European Union, using a holistic approach to address themost topical questions
facing experts concerned with legal protection of softwareproducts across a range of technological platforms.The book focuses on six distinct but interrelated areas: contract, copyright, patents,trade-dress, designs and trade secrets, discussing these areas separately and inrelation to one another. The book discusses software as a multilayered functionalproduct, setting the scene for other legal discussions by highlighting
software'sunique characteristics. It examines models for the provision of software, addressinglicensing patterns and overall enforceability, as well as the statutory and
judicialtools for regulating the use of such licences. It assesses the protection of non-literaland functional software elements under EU and US laws, focusing on internalarchitecture, interfaces, behavioural elements and GUIs.