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Expert Analysis

How Courts Are Analyzing Copyright Protection For Software

By Mark Moore ( July 18, 2018, 1:49 PM EDT) -- For many a company, proprietary computer software is its most valuable asset, so protecting this key intellectual property is a priority. Due to developments in jurisprudence limiting the efficacy of patent protections for the concepts behind software, companies have increasingly turned to the U.S. Copyright Act as an alternative safeguard for the expression of such concepts through the design of software. However, two recent copyright decisions reflect yet another challenge for companies seeking to protect their software — highly nuanced examinations of the functionality and structure of the software at issue in determining whether copyright protection is warranted....

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