Thesis (M.A.)--University of Wisconsin--Madison, 1984. / Typescript. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaves 107-109).

by Tam Kam-Mau. / Thesis (M.B.A.)--Chinese University of Hong Kong, 1990. / Bibliography: leaf 50 (2nd group). / TABLE OF CONTENTS --- p.ii / PREFACE --- p.iii / Chapter / Chapter I. --- INTRODUCTION --- p.1 / The Need for Copyright of Software --- p.1 / Software Piracy and Illicit Copying --- p.2 / Protective Measures of Software --- p.2 / The Copyright (Computer Software) Amendment Act --- p.3 / The Problem --- p.4 / The Research Problem Defined --- p.8 / Chapter II. --- METHODOLOGY --- p.9 / Chapter III. --- THE PROCESS OF THE RESEARCH PROJECT --- p.12 / Chapter IV. --- ANALYSIS OF DATA --- p.14 / Analysis of Individual Question --- p.14 / Analysis of Answer between Questions --- p.20 / Chapter V. --- RESEARCH FINDINGS --- p.29 / Chapter VI. --- CONCLUSION --- p.35 / Some Recommendation --- p.37 / Chapter VII. --- A FINAL WORD AND ACKNOWLEDGEMENT --- p.40 / Appendex / Chapter I. --- Copyright (Computer Software) Amendment Act 1985 --- p.41 / Chapter II. --- Sample Software License Agreement --- p.45 / Chapter III. --- Bibliography --- p.50 / Chapter III. --- Questionnaire --- p.51 / Chapter IV. --- SPSS Reports --- p.55

No abstract available. / Thesis (M.A.)-University of KwaZulu-Natal, Durban, 2005.

This doctoral thesis addresses the question of why and how the United States of America (US) legal system should grant legal personhood to software intelligence (SI). This new legal status of SI is visualised as a dependent type of person. The SI dependent legal person would be determined by an inextricable connection between SI and a new type of corporate body, introduced here as SI-Human Amalgamation (SIHA). SI has been defined as one or more computer programmes with an ability to create work that is unforeseen by humans. This includes SI capacity to generate unforeseen innovations, patentable inventions and/or infringe the rights of other patent holders. At present, SI is an entity unrecognised by law. The fact that SI is neither a natural nor a legal person indicates that it cannot be considered the rights' owner or liability bearer. This in turn creates tensions both in society and legal systems because questions, such as, who should hold those rights or be liable for autonomous acts of SI, remain unanswered. It is argued that the SI dependent legal person and SIHA, are necessary to address the new challenges introduced by SI. SI and SIHA, their creativity and actions would be distinct from those performed by human beings involved in the creation of this amalgamation, such as SI's operators or programmers. As such, this structure would constitute an amalgamation based on human beings and SI cooperation (SIHA). SI, as a dependent legal person, would hold the patents rights to its own inventions thus ensuring favourable conditions for the incentives of the US patent system. In addition, the proposed legal framework with the use of legislative instruments could address any liability concerns arising from the foreseen and unforeseen actions, omissions and failure to act of SI.

Canada is currently experiencing the transition to a post-industrial society as the result of the wide spread introduction of information related technologies. This thesis focuses on the legal rights to information of skilled employees who work with modern computer technology. The objective is to assess the adequacy of existing laws to meet the needs of employers and employees and to serve the public interest. The initial chapters concentrate on the legal principles of trade secrets and breach of confidence as applied to the employment relationship. Patent and copyright protection for software is briefly reviewed but not emphasized. Against this background, the major portion of the thesis examines the delicate balance between the legal interests of the employer, the employee and the public. Any attempt by employers to limit post employment use of information by employees invokes the doctrine of restraint of trade. This doctrine recognizes an employee's right to use the knowledge and skills developed during employment for the benefit of other employers. The thesis examines the elements of the restraint of trade doctrine as applied to skilled employees in the computer industry. The creation and development of software is used throughout the thesis to illustrate legal principles. Employers such as software developers are extremely vulnerable to misappropriation of confidential information by their employees. Such employers rely heavily upon the use of restrictive covenants in employment agreements to limit disclosure and to prevent future competition. The remedies for an employee's breach of confidence are reviewed. This chapter concludes that the legal principles governing interlocutory injunctions are inadequate to properly protect the information employer. The thesis concludes that the present Canadian law is increasingly inadequate to protect a computer industry employer against an employee's unauthorized appropriation of confidential information. In short, the law has not yet recognized the social and technological changes that have greatly increased the vulnerability of the information employer. If neither the courts nor the legislatures take action, information employers will have to further increase their reliance on the limited and uncertain protection of restrictive covenants in employment agreements. / Law, Peter A. Allard School of / Graduate

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