Works cited in Section 11.1 examine the nature of intellectual property rights and consider ways in which such rights can be extended to the ownership of electronic information. Section 11.2 includes sources that examine legal issues--e.g., recent court cases and judicial decisions, copyright laws, and patent protection--pertaining to ownership of electronic information. Works that examine some of the controversies related to the future of electronic books, electronic journals, and other online publications are cited in Section 11.3.

4.6.1 Intellectual Property Rights & Information Ownership

Barlow, John Perry. "Property and Speech: Who Owns What You Say in Cyberspace," Communications of the ACM, Vol. 38, No. 12, December 1995, pp. 19-22.

Becker, Lawrence. Property Rights. London: Routledge and Kegan Paul, 1977.

Becker, Lawrence. "Property," in L. Becker, ed. Encyclopedia of Ethics. NY: Garland Publishing, Inc., 1992.

Boulez, Pierre and Andrew Gerzso. "Computers and Music," Scientific American, Vol. 258, No. 4, April 1988, pp. 44-50.

Branscomb, Anne W. "Who Owns Creativity: Property Rights in the Information Age," Technology Review, May/June 1988, pp. 38-45. Reprinted in T. Forester, ed. Computers in the Human Context. Cambridge, MA: MIT Press, 1991, pp. 407-414.

Branscomb, Anne W. Who Owns Information?. NY: Basic Books, 1994.

Bynum, T., W. Maner and J. Fodor, eds. Software Ownership and Intellectual Property Rights. (Part of the Proceedings of the National Conference on Computing and Values) New Haven, CT: Research Center on Computing and Society (RCCS), 1992.

Cohen, Morris. "Property and Sovereignty," in D. Johnson and S. Snapper, ed. Ethical Issues in the Use of Computers. Belmont, CA: Wadsworth Publishing, 1985, pp. 298-305.

Davis, G. Gervaise. Software Protection. NY: Van Nostrand Reinhold, 1985.

Davis, G. Gervaise. "Scope of Protection for Computer Based Works," a paper presented at the CLE International Conference, 1993.

Forester, Tom. "Software Theft and the Problem of Intellectual Property Rights," Computers and Society, Vol. 20, No. 1, March 1990, pp. 2-11. Reprinted as Chap. 4 ("Software Theft") in T. Forester and P. Morrison. Computer Ethics. 2nd ed. Cambridge, MA: MIT Press, 1994.

Garfinkel, Simson L. "Programs to the People," Technology Review, Vol. 94, No. 2, February-March 1991, pp. 53-60.

Held, Virginia. Property, Profits, and Economic Justice. Belmont, CA: Wadsworth Publishing, 1980.

Johnson, Deborah G. "Should Computer Programs Be Owned?," Metaphilosophy, Vol. 16, No. 4, 1985, pp. 276-288.

Johnson, Deborah G. "The Ownership of Computer Programs," Chap. 6 in Computer Ethics. 1st ed. Prentice Hall, Englewood Cliffs, NJ, 1985.

Keplinger, Michael S. "Computer Software -- Its Nature and Its Protection," Emory Law Journal, Vol. 30, 1981, pp. 483-512.

Kuflik, Arthur. "Moral Foundations of Intellectual Property Rights," in Vivian Weil and John Snapper, eds. Owning Scientific and Technical Information. New Brunswick, NJ: Rutgers University Press, 1989. Reprinted in D. Johnson and H. Nissenbaum, eds. Computers, Ethics & Social Values. Englewood Cliffs, NJ: Prentice Hall, 1995, pp. 169-180.

Locke, John. "Of Property," Chap. V, Book II in Two Treatises of Civil Government. NY: Everyman's Library, 1966.

Lyons, David. "The New Indian Claims and Original Rights to Land," in Jeffrey Paul, ed. Reading Nozick: Essays on Anarchy, State and Utopia. Totowa, NJ: Rowman and Litlefield, 1989.

National Research Council. Intellectual Property Issues in Software. Washington, DC: National Academy of Sciences, 1991.

Nissenbaum, Helen. "Should I Copy my Neighbor's Software," in Computers, Ethics, and Social Values, ed. Deborah Johnson and Helen Nissenbaum. Englewood Cliffs, NJ: Prentice Hall, 1995, pp. 200-213.

Nozick, Robert. Anarchy, State and Utopia. NY: Basic Books, 1974.

Office of Technology Assessment. Intellectual Property Rights in an Age of Electronics and Information, Washington, DC: U.S. Government Printing Office, 1986.

Office of Technology Assessment. Finding a Balance: Computer Software, Intellectual Property, and the Challenge of Technological Change. Washington, DC: U.S. Government Printing Office, 1992.

Oz, Effy. "Protecting Software as Intellectual Property," in Ethics for the Information Age. Burr Ridge, IL: Business and Educational Technologies, 1994, pp. 273-285.

Parker, Donn B. "Disputed Rights to Products," Chap. 2 in Ethical Conflicts in Computer Science and Technology. Menlo Park, CA: AFIPS Press, 1981.

Phillips, John. "Sui Generis Intellectual Property Protection for Computer Software," George Washington Law Review, 1992.

Samuelson, Pamela. "Ownership Rights to Computer-Generated Work," University of Pittsburgh Law Review, Vol. 47, No. 4, Summer 1986, pp. 1192-1209. Selections reprinted as "Can a Computer be an Author," in M. Ermann et al., eds. Computers, Ethics, and Society. NY: Oxford University, Press, 1990, pp. 299-307.

Samuelson, Pamela. "Information as Property," Catholic University Law Review, Vol. 38, 1989, pp. 365-400.

Samuelson, Pamela. "Is Information Property?" Communications of the ACM, Vol. 34, No. 10, March 1991, pp. 15-18.

Samuelson, Pamela. Adapting Intellectual Property Law to New Technologies: A Case Study on Computer Programs. National Research Council, 1992.

Samuelson, Pamela. "The NII Intellectual Property Report," Communications of the ACM. December, 1994, Vol. 37, No. 12, pp. 21-27.

Samuelson, Pamela. "Intellectual Property Rights and the Global Information Economy," Communications of the ACM, Vol. 39, No. 1, January 1996, pp. 23-28.

Shattuck, Petra T. "Public Perceptions of the 'Intellectual Rights' Issue," in the Report of Office of Technology Assessment. Washington, DC: U.S. Government Printing Office, 1985.

Snapper, John. "The Ownership of Ideas in Computer Software," National Conference on Computing and Values, 1991.

Snapper, John. "Intellectual Property Protections for Computer Software," in D. Johnson and H. Nissenbaum, eds. Computers, Ethics & Social Values. Englewood Cliffs, NJ: Prentice Hall, 1995, pp. 181-190.

Spinello, Richard A. "Intellectual Property," Chap. 6 in Ethical Aspects of Information Technology. Englewood Cliffs, NJ: Prentice Hall, 1995.

Stallman, Richard. "Are Computer Property Rights Absolute?" Communications of the ACM, Vol. 27, No. 1, January 1984.

Stallman, Richard. "The GNU Manifesto," in GNU Emacs Manual. Cambridge, MA: Free Software Foundation, 1987, pp. 175-184. Reprinted in M. Ermann et al., eds. Computers, Ethics, and Society. NY: Oxford University Press, 1990, pp. 308-317.

Stallman, Richard. "Why Software Should Be Free," Free Software Foundation, Inc., 1990.

Steidlmeier, Paul. People and Profits: The Ethics of Capitalism. Englewood Cliffs, NJ: Prentice Hall, 1992.

Steidlmeier, Paul. "The Moral Legitimacy of Intellectual Property Right Claims: American Business and Developing Perspectives," Business Ethics, February 1993, pp. 157-164.

Weil, Vivian and John Snapper, eds. Owning Scientific and Technical Information. New Brunswick, NJ: Rutgers University Press, 1989.

Wessells, Michael G. "Protecting Intellectual Property," in Computer, Self, and Society. Englewood Cliffs, NJ: Prentice Hall, 1990, pp. 142-147.

Altman, J. "Copyright Protection of Computer Software," Computer Law Journal, Vol. 5, No. 3, Winter 1985, pp. 413-432.

Altman, J. "Remedies in Software Copyright Cases," Computer Law Journal, Vol. 6, No. 1, Summer, 1985, pp. 1-33.

Apple v. Franklin. 714 F. 2nd 1240 (1983) Judge C. J. Slovitier.

Apple Computing v. Microsoft Corporation. 799 F. Supp. 1066 (1992) Judge Walker.

Becker, Stephen A. "Legal Protection for Computer Hardware and Software," Byte, Vol. 6, No. 5, May 1981, pp. 140-146.

Bender, David. Computer Law: Evidence and Procedure. NY: M. Bender, 1982.

Branscomb, Anne. "Common Law for the Electronic Frontier," Scientific American, September 1991, p. 154.

Browning, Daniel. "Setting the Record Straight on Patents," Communications of the ACM, Vol. 36, 1993, pp. 17-19.

Bulkeley, William M. "Courts Expand the Copyright Protection of Software, But Many Questions Remain," Wall Street Journal, November 18, 1986, pp. 35, 37.

Denning, Dorothy. "The U.S. vs. Craig Neidorf," Communications of the ACM, March 1991.

Diamond v. Diehr. 450 U.S. 175 (1981). Opinions by Justice Rehnquist and Justice Stevens.

Feranti, M. "Judge Rules in Lotus's Favor in Copyright Suit," PC Week, Vol. 7, No. 26, July 2, 1990, p. 6.

Francis, Robert. "Apple-Microsoft Raises Issues of Vague Copyright Laws," Datamation, May 15, 1988, pp. 22-23.

Gemignani, Michael, G. "Legal Protection for Computer Software: The View from '79," in D. Johnson and J. Snapper, eds. Ethical Issues In The Use of Computers. Belmont, CA: Wadsworth Publishing, 1985, pp. 305-322.

Gemignani, Michael, G. "The Regulation of Software," Abacus, Vol. 5, No. 1, Fall 1987, pp. 57-59.

Graham, Robert L. "The Legal Protection of Computer Software," Communications of the ACM, May 1984.

Hanneman, Henri. The Patentability of Computer Software. Deventer, Netherlands: Kluwer Academic Publishers, 1985.

Harris, Thorne D. The Legal Guide to Computer Software Protection. Englewood, Cliffs, NJ: Prentice Hall, 1985.

Heckel, Paul. "Debunking Software Patent Myths," Communications of the ACM, Vol. 35, No. 6, 1992, pp. 121-140.

Kahin, Brian. "The Software Patent Crisis," Technology Review, 93, April 1990, pp. 52-58.

Kapor, Mitch. "Litigation Vs. Innovation," Byte, September 1990, p. 520.

Levin, Richard C. "A New Look at the Patent System," in C. Huff and T. Finholt, eds. Social Issues in Computing. NY: McGraw Hill, 1994, pp. 492-496.

Lipner, S. and S. Kalman. Computer Law: Cases and Materials. C. E. Merrill Publishing Co., 1989.

Lotus Development Corporation v. Paperback Software International and Stephenson Software Limited. Civ. A. No. 87-76-K. U.S. District Court, D. Massachusetts. June 28, 1990. Reprinted in D. Johnson and H. Nissenbaum, eds. Computers, Ethics & Social Values. Englewood Cliffs, NJ: Prentice Hall, 1995, pp. 236-252.

Machrone, Bill. "The Copyright Fight," PC Magazine, Vol. 8, February 12, 1987, pp. 81-82.

Machrone, Bill. "The Look-and-Feel Issue Examined," PC Magazine, May 26, 1987, pp. 166-174. Selections reprinted as "The Look-and-Feel Issue: The Evolution of Innovation," in M. Ermann et al., eds. Computers, Ethics, and Society. NY: Oxford University Press, 1990, pp. 295-298.

Markoff, John "Lotus Wins Copyright Decision," The New York Times, June 29, 1990, p. C3.

National Commission on New Technological Uses of Copyrighted Works. Final Report, July 31, 1978.

Novick, Mitchell P. and Helene Waldstein. "The Algorithm and Computer Software Patentability: A scientific View of a Legal Problem," Journal of Computers, Technology and Law, Vol. 7, 1980, pp. 313-341.

Nycum, Susan. "Legal Protection for Computer Programs," Computer/Law Journal, Vol. 1, 1978, pp. 1-83.

Oz, Effy. "Copyright Protection," in Ethics for the Information Age. Burr Ridge, IL: Business and Educational Technologies, 1994, pp. 193-197.

Parker, R. "Lotus' Copyright Protection is Turning Into a Feeding Frenzy," InfoWorld, Vol. 12, No. 28, July 9, 1990.

Pallette, John. "Software and the Law," PC Week, Vol. 3, October 7, 1986, pp. 79-84.

Rischer, C. A. "Copyright and Computer Software: A Question of Ethics," AEDS Monitor, Vol. 22, Nos. 9-10, March/April, 1984, pp. 23-24.

Rosch, Winn L. "Taking the Stand: The Look-and-Feel Issue Examined," PC Magazine, May 26, 1987, pp. 157-164. Selections reprinted as "The Look-and-Feel Issue: The Copyright Law on Trial," in M. Ermann et al., eds. Computers, Ethics, and Society. NY: Oxford University Press, 1990, pp. 288-294.

Salpeter, J. "Are You Obeying Copyright Law," Technology and Learning," Vol. 12, No. 8, 1992, pp. 12-23.

Samuelson, Pamela. "CONTU Revisited: The Case Against Copyright Protection in Machine-Readable Form," Duke Law Journal, 1984.

Samuelson, Pamela. "Why the Look and Feel of Software User Interfaces Should Not be Protected by Copyright Law," Communications of the ACM, Vol. 32, No. 5, May 1989, pp. 563-572.

Samuelson, Pamela. "Benson Revisited: The Case Against Patent Protection for Algorithms and Other Computer-Related Inventions," Emory Law Journal, Vol. 39, 1990, pp. 1025-1154.

Samuelson, Pamela. "How to Interpret the Lotus Decision (And How Not To)," Communications of the ACM, Vol. 33, No. 11, November 1990, pp. 27-33.

Samuelson, Pamela. "Digital Media and the Law," Communications of the ACM, Vol. 34, No. 10, October 1991, pp. 23-28.

Samuelson, Pamela. "Copyright Law and Electronic Compilations of Data," Communications of the ACM, Vol. 35, No. 2, February 1992, pp. 27-32.

Samuelson, Pamela. "Letter to the Editor in Response to Paul Heckel's Article 'Debunking Software Patent Myths'," Communications of the ACM, July 8, 1992.

Samuelson, Pamela. "Updating Copyright Look and Feel Lawsuits," Communications of the ACM, Vol. 35, No. 9, September 1992, pp. 25-31.

Samuelson, Pamela. "The Ups and Downs of Look and Feel," Communications of the ACM, Vol. 36, No. 4, April 1993, pp. 29-35.

Samuelson, Pamela. "Regulation of Technologies to Protect Copyrighted Works," Communications of the ACM, Vol. 39, No. 7, July 1996, pp. 17-22.

Samuelson, Pamela and Robert J. Glusko. "Comparing the Views of Lawyers and User Interface Designers on the Software Copyright Look and Feel Lawsuits," Journal of Jurimetrics, 1989.

Samuelson, Pamela and Robert J. Glusko. "Survey on the Look and Feel Lawsuits," Communications of the ACM, Vol. 33, No. 5, May 1990, pp. 483-487. Reprinted in C. Huff and T. Finholt, eds. Social Issues in Computing. NY: McGraw Hill, 1994, pp. 510-519.

Scarfetta, Joseph, "Computer Software and Unfair Methods of Competition," in D. Johnson and J. Snapper, eds. Ethical Issues in the Use of Computers. Belmont, CA: Wadsworth Publishing, 1985, pp. 353-359.

Schwartz, E. "The Coming Showdown over Software Patents," Business Week, May 13, 1991, p. 106.

Stallman, R. and S. Garfinkel. "Against User Interface Copyright," Communications of the ACM, Vol. 33, No. 11, November 1990, pp. 15-18.

Stern, Richard. "More on Software Patents," IEEE Micro, August 1990.

Swartz, Herbert. "Rise in Lawsuits over Illegal Software Use Prompts Companies to Revamp Usage policies," EDN, Vol. 30, December 12, 1985, pp. 307-310.

Yoder, Stephen. "Microsoft and Hewlett-Packard Win Ruling over Apple," The Wall Street Journal, April 15, 1992, p. B1.

Bailey, C. W., Jr. "Network-Based Electronic Publishing of Scholarly Works: A Selective Bibliography," Public-Access Computer Systems Review, Vol. 6, No. 1, 1995, pp. 5-21.

Birkerts, Sven. The Gutenberg Elegies: The Fate of Reading in an Electronic Age. NY: Faber and Faber, 1994.

Block, Howard. ed. Future Libraries. Cambridge, MA: MIT Press, 1996.

Brent, Doug. "Stevan Harnad's 'Subversive Proposal': Kick-Starting Electronic Scholarship -- A Summary of Analysis," The Information Society, Vol. 11, No. 4, October-December, 1995, pp. 275-284.

Covi, L. and R. Kling. "Digital Shift or Digital Drift?: Dilemmas of Managing Digital Library Resources in North American Universities," a paper presented at the AIS Americas Conference, Pittsburgh, PA, August, 1995.

"Electronic Journals and Scholarly Publishing," Special Issue of The Information Society, Vol. 11, No. 4, October-December, 1995.

Fuller, Steve. Philosophy, Rhetoric and the End of Knowledge. Madison, Wisconsin: University of Wisconsin Press, 1993.

Fuller, Steve. "Why the Post-Industrial Society Never Came: What a False Prophecy Can Teach Us About the Impact of Technology on Academia," Academe, Vol. 80, No. 6, 1994, pp. 22-28.

Fuller, Steve. "Cyberplatonism: An Inadequate Constitution for the Republic of Science," The Information Society, Vol. 11, No. 4, October-December, 1995, pp. 293-304.

Fuller, Steve. "Cybermaterialism, or Why There is No Free Lunch in Cyberspace," The Information Society, Vol. 11, No. 4, October-December, 1995, pp. 325-332.

Garfinkel, Simson. "Copyright on the Electronic Frontier," in Developing an Equitable and Open Information Infrastructure: Proceedings of the Directions and Implications of Advanced Computing (DIAC '94) Symposium, (ed. Hans Klein) Computer Professionals for Social Responsibility (CPSR), 1994, G4.

Harnard, Stevan. "Post-Gutenburg Galaxy: The Fourth Revolution in the Means of Production of Knowledge," Public-Access Computer Systems Review, Vol. 2, No. 1, 1991, pp. 39-53.

Harnard, Stevan. "The PostGutenberg Galaxy: How to Get There From Here," The Information Society, Vol. 11, No. 4, 1995, pp. 285-292.

Harnard, Stevan. "Sorting the Esoterica from the Exoterica: There's Plenty of room in Cyberspace: A Response to Fuller," The Information Society, Vol. 11, No. 4, October-December, 1995, pp. 305-324.

Harnard, Stevan. "Implementing Peer Review on the Net: Scientific Quality Control in Scholarly Electronic Journals," in R. Peek and G. Newby, eds. Electronic Publishing Confronts Academia: The Agenda for the Year 2000. Cambridge, MA: MIT Press, 1995.

Harnard, Stevan. "Electronic Scholarly Publication: Quo Vadis," Serials Review, Vol. 21, No. 1, 1995, pp. 70-72.

Harnard, Stevan. "Universal FTP Archives for Esoteric Science and Scholarship: A Subversive Proposal," in A. Okerson and J. O'Donnell, eds. Scholarly Journals at the Crossroads: A Subversive Proposal for Electronic Publishing. Washington, DC: Association Research Libraries, 1995, pp. 11-12.

Kirstein, Peter and Goli Montasser-Kohsari. "The C-ODA Project: Online Access to Electronic Journals," Communications of the ACM, Vol. 39, No. 6, June 1996, pp. 87-99.

Kling, Rob. "Controversies About Electronic Journals and Scholarly Communication: An Introduction," The Information Society, Vol. 11, No. 4, October-December, 1995, pp. 243-246.

Kling, Rob and Lisa Covi. "Electronic Journals and Legitimate Media in the Systems of Scholarly Communication," The Information Society, Vol. 11, No. 4, October-December, 1995, pp. 261-272.

Kling, Rob and R. Lamb. "Analyzing Visions of Electronic Publishing and Digital Libraries," in G. Newby and R. Peek, eds. Scholarly Publishing: The Electronic Frontier. Cambridge, MA: MIT Press, 1996.

Lynch, Richard. "No Free Lunch, Even in the Digital Age," in Developing an Equitable and Open Information Infrastructure: Proceedings of the Directions and Implications of Advanced Computing (DIAC '94) Symposium, (ed. Hans Klein) Computer Professionals for Social Responsibility (CPSR), 1994, G5.

Max, D. T. "The End of the Book," Atlantic Monthly, September 1994. Reprinted in K. Schellenberg, ed. Computers in Society. 6th ed. Guilford, CT: Dushkin Publishing Group, 1996, pp. 39-44.

McLuhan, M. The Gutenberg Galaxy. Toronto: University of Toronto Press, 1962.

Newby, G. and R. Peek, eds. Scholarly Publishing: The Electronic Frontier. Cambridge, MA: MIT Press, 1996.

Odlyzko, A. "Payment for Publication," (London) Times Higher Education Supplement, June 9, 1995, p. vii.

Odlyzko, A. "Tragic Loss or Good Riddance? The Impending Demise of Traditional Scholarly Journals," International Journal of Human-Computer Studies, Vol. 42, No. 1, 1995, pp. 71-122.

Okerson, Ann. "The Electronic Journal: What, Whence, and When?," Public-Access Computer Systems Review, Vol. 2, No. 1, 1995, pp. 5-24.

Okerson, A. and J. O'Donnell, eds. Scholarly Journals at the Crossroads: A Subversive Proposal for Electronic Publishing. Washington, DC: Association Research Libraries, 1995.

O'Reilly, Tim. Publishing Models for Internet Commerce," Communications of the ACM, Vol. 39, No. 6, June 1996, pp. 79-86.

Peek, R. and G. Newby, eds. Electronic Publishing Confronts Academia: The Agenda for the Year 2000. Cambridge, MA: MIT Press, 1995.

Quinn, F. "A Role for Libraries in Electronic Publication," Ejournal, Vol. 4, No. 2, 1994, lines 68-146.

Rooks, Dana. "The Virtual Library: Pitfalls, Promises, and Potential," The Public-Access Computer Systems Review, Vol. 4, No. 5, 1993, pp. 22-29.

Rowland, Fytton. "Electronic Journals: Neither Free or Easy," The Information Society, Vol. 11, No. 4, October-December, 1995, pp. 273-274.

Stodolsky, David S. "Consensus Journals: Invitational Journals Based Upon Peer Review," The Information Society, Vol. 11, No. 4, October-December, 1995, pp. 247-260.