Articles

When Worlds Collide: The Uneasy Convergence of Creativity and Innovation

Byline:

Doris Estelle Long

Issue:

VOL. XXV • Symposium Issue • NO. 4 (table of contents)

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Cite as:

25 John Marshall J. of Comp. & Info. Law 653

Abstract:

The author contends that in the area of computer software protection convergence has resulted in confusion in the goals of copyright and patent laws to the detriment of both. By confusing “innovation” with “creativity,” she contends that copyright protection has been strained by its efforts to fit the demands of functional code within its expressive protection goals. She concludes by suggesting that we go “back to the future” to resurrect an international sui generis system for software and allow both copyright and patent to go back to their original, and distinctly different, policy goals.

Author Footnote:

Professor and Chair of the Intellectual Property, Information Technology and Privacy Group at The John Marshall Law School in Chicago. Juris Doctor from Cornell University. This Article is dedicated to Patricia Gerdes whose did early research in this field for me and whose untimely death left a void in wit, wisdom and energy for all those who knew her.

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