Software Copyright's Oracle from the Cloud

Abstract

It was never a happy marriage. Computer software and copyright law came from different families, embodied disparate values, pursued separate interests. So, even though the latter became the vehicle to secure legal protection for the former, the union was never smooth — even on the wedding day. At present, the plates are flying with ever more reckless abandon, as the open source movement has been active to turn copyright into “copyleft,” courts around the world are reshaping the first sale doctrine, and software manufacturers flee from distribution to service models, into the Cloud. With a perfect storm brewing, this Article steps in to offer some mild marital counseling.

Keywords: computer software, copyright protection, cloud interoperability