Articles

THE LEGAL STATUS OF SOFTWARE

Byline:

Daniel B. Garrie

Issue:

VOL. XXIII • Summer 2005 • NO. 4 (table of contents)

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Cite as:

23 John Marshall J. of Comp. & Info. Law 711

Abstract:

This article by cyberlaw specialist Daniel B. Garrie is intended to serve as a guide for judges to ensure that judicial decisions reflect an understanding of software’s multiple facets and its relation to the boundaries of the law. The article is designed to provide a high-level overview of software and then examine software in greater depth for specific legal areas likely to spawn legal disputes directly involving software. Included within the article are a brief overview of the current legal framework evolving with respect to software development (including an examination of the 2005 Supreme Court case Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd.), a broad overview of software, and a series of tutorials on the cutting-edge technology that will likely be subject to litigation in the future.

Author Footnote:

Daniel B. Garrie has received his J.D. from Rutgers University School of Law, specializing in cyberlaw litigation. He received his M.A. and B.A. in computer science from Brandeis University in 2000 and 1999, respectively, with his coursework focused on artificial intelligence. Over the past eight years, Mr. Garrie has worked with the U.S. Department of Justice and other large corporations as an enterprise technical architect, focusing on Web-enabled enterprise systems. He has penned several law review articles in the past year on a variety of technology and legal issues.

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