Lotus Development Corp. v. Borland International, Inc.

Amicus Brief of Digital et al. in Support of Lotus

TABLE OF CONTENTS

[Top of Document]

TABLE OF AUTHORITIES [omitted]

INTEREST OF AMICUS CURIAE

SUMMARY OF ARGUMENT

ARGUMENT

I. CONGRESS MANDATED THAT COPYRIGHT PROTECT THE EXPRESSION IN COMPUTER PROGRAMS, INCLUDING THE EXPRESSION OF METHODS OF OPERATION.

A. Congress Determined that Computer Programs are Literary Works Protected by Copyright Under the Same Principles that Govern Protection of Other Literary Works.

B. Section 102(b) of the Copyright Act Bars Protection Only for Ideas, Not for Expression of Ideas.

II. IN HOLDING EXPRESSION OF A METHOD OF OPERATION TO BE UNCOPYRIGHTABLE PER SE, THE DECISION BELOW THWARTS CONGRESS' SCHEME FOR PROTECTING COMPUTER PROGRAMS.

A. The First Circuit's Per Se Bar to Protecting User Interfaces is a Misinterpretation of the Copyright Act.

B. Denying Protection to Expression in Computer Programs Undermines the Incentives Congress Enacted for Their Authors.

CONCLUSION

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Load date: 11/21/95
Last revision: 5/9/98