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30 Jurimetrics J. 91 (1989-1990)
Copyright and Compatibility

handle is hein.journals/juraba30 and id is 107 raw text is: I OTE PRENTATION COPYRIGHT AND COMPATIBILITY Michael A. Jacobs* ABSTRACT This article analyzes the proper scope of copyright protection for independent de- velopment of compatible computer programs. It begins with a survey of the benefits of compatibility, citing several prominent examples from hardware with imbedded code, communications products, and operating systems and applications. The article con- tinues with a description of the process of independent compatible development, and concludes that such development is and should be permitted. I would like to open my discussion of copyright and compatibility with a normative proposition that goes to the heart of the issues addressed at this con- ference. The proposition is that copyright law should clearly permit the inde- pendent development of compatible computer programs. I would like to de- velop this assertion by answering several questions. First, what is meant by compatible computer programs in terms of actual products, and what social benefits does compatibility offer to users and to industry? Second, what is meant by independent development, and what social values does it serve? Third, without dwelling upon the case law that has been discussed at such length, what legal uncertainties threaten compatible development, and why should these uncertainties be clarified? After discussing these questions, I will conclude by arguing that copyright law, if properly constructed, does permit the independent development of compatible programs. *Attorney with Morrison & Foerster, San Francisco, CA. Mr. Jacob's presentation was given on behalf of Fujitsu Corporation. FALL 1989

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