Beyond the Code: Protection of Non-Textual Features of Software

Although the law on infringement is relatively straightforward in relation to the

copying of literal and textual elements of software, it is the copying of non-literal

and functional elements that poses complex and topical questions in the context

of intellectual property (IP) protection. In many cases, it is these non-literal and

functional elements that contain the real value of a software product. This book

concerns the copying of non-literal and functional elements of software in both

the United States and European Union, using a holistic approach to address the

most topical questions facing experts concerned with legal protection of software

products 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 in

relation to one another. The book discusses software as a multilayered functional

product, setting the scene for other legal discussions by highlighting software's

unique characteristics. It examines models for the provision of software, addressing

licensing patterns and overall enforceability, as well as the statutory and judicial

tools for regulating the use of such licences. It assesses the protection of non-literal

and functional software elements under EU and US laws, focusing on internal

architecture, interfaces, behavioural elements and GUIs.