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18 Jurimetrics J. 335 (1977-1978)
Protection of Proprietary Software in the Computer Industry: Trade Secrets as an Effective Method

handle is hein.journals/juraba18 and id is 345 raw text is: PROTECTION OF PROPRIETARY SOFTWARE IN THE COMPUTER INDUSTRY: TRADE SECRETS AS AN EFFECTIVE METHOD Richard Raysman* INTRODUCTION As the data processing industry continues to grow, the debate has intensified regarding what, if any, is the optimum method for the de- veloper and owner of sophisticated software, to protect his investment. Although the debate has been raging during the past decade and more about patent and copyright protection, trade secret protection continues to appear to be the single most reliable and consistent manner in which to maintain software protection. Generally, software is defined as the programs which control the physical machinery, with the programs consisting of a set of instruc- tions.1 As a result of the significant expense of the internal development of software, may companies turn to outside software specialists for assistance in the overall programming effort. Many of these specialists have expertise in one particular area, and have developed a specialty program (i.e., sort, teleprocessing), and it is these specialty programs which need protection. Many of the specialty programs have been de- veloped over a long period, at great time and expense, and are often the core of a small company's existence.' The three generally accepted methods of protection of proprietary *Member of New York and Connecticut Bars; B.S., M.I.T., 1968; J.D., Brooklyn Law School, 1973. 'Davis, Computer Programs and Subject Matter Patentability, 6 RUTGERS J. COMPUTERS & L. 1, note 3. 2For example, see DATAMATION Magazine, December 1977, pp. 5,13,17. SUMMER 1978

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