Hello William,

I'm writing a history of software patenting in the United States, so this message thread has made my day. 

You'll find very detailed bibliographical data on IP and software in the footnotes to the two articles of mine that Nathan mentioned in an earlier email. A third article called "The Text in the Machine" has an actual bibliography that may interest you. It's coming out in this month's issue of Technology and Culture. 

Additional Historical Scholarship
Martin Campbell Kelly's article, "Not All Bad" 
Chris Kelty's essay, "Inventing Copyleft," in the edited volume "Making and Unmaking Intellectual Property" (ed. Biagioli et al)
Kevin Driscoll's article, "Professional Work for Nothing," on the Gates open letter that Eric mentioned

Legal scholarship
Pamela Samuelson's essay, "The Strange Trajectory of Software as an Intellectual property," in the edited volume "Making and Unmaking Intellectual Property) (ed. Biagioli et al)
Andrea Bonaccorsi's article, "From Protecting Texts to Protecting Objects in Biotechnology and Software"
Maureen O'Rourke's article, "The Story of Diamond v. Diehr," in the edited volume IP Stories (ed. Ginsburg et al)
James Bessen's article, "A Generation of Software Patents"

Classroom resources
The Oyez project (oyez.org) has audio recording of arguments delivered at the Supreme Court. The arguments for Gottschalk v. Benson and Diamond v. Diehr would be good material for a class discussion. 
A database called "The Making of Modern Law" (http://www.gale.com/moml-us-supreme-court-records-and-briefs/) has briefs for the cases filed at the Supreme Court. 
If your students are interested in seeing what companies today think about software patents, you can direct them to the SCOTUSBlog's coverage of Alice v. CLS. (http://www.scotusblog.com/case-files/cases/alice-corporation-pty-ltd-v-cls-bank-international/) They'll find there briefs filed by companies such as Google, Netflix, and so on.

Best,
Con
 




On Thu, Oct 27, 2016 at 4:40 PM, Henry E Lowood <lowood@stanford.edu> wrote:

I have missed it, but I don’t think anyone mentioned:

 

Casey O'Donnell, "Production Protection to Copy(right) Protection: From the 10NES to DVDs", IEEE Annals of the History of Computing, vol. 31, no. , pp. 54-63, July-Sept. 2009, doi:10.1109/MAHC.2009.49

 

Henry

 

From: Members [mailto:members-bounces@lists.sigcis.org] On Behalf Of Virginia Kleist
Sent: Thursday, October 27, 2016 3:50 PM
To: Sigcis <members@sigcis.org>
Subject: Re: [SIGCIS-Members] History of intellectual property in computing?

 

Hi!

 

I would suggest that the history of the Amazon one-click patent decision might be applicable.  Although some have argued that this one-click checkout was obvious, Amazon obtained patent US 5960411 for the one-click checkout methodology in the US in 1999 (although ultimately not in Canada or Europe).  The patent was obtained fairly early in the electronic commerce boomlet, and then other firms in the US were perhaps subsequently handicapped by its application, such as Barnes and Noble.  It is said that they earn payments even today from Apple for their use of this patented approach.

 

http://caselaw.findlaw.com/us-federal-circuit/1453970.html

Case opinion for US Federal Circuit AMAZON COM INC v. BARNESANDNOBLE COM INC LLC. Read the Court's full decision on FindLaw.

Thanks the the always interesting posts.  Best, Virginia

 

/ Virginia Franke Kleist, Ph.D.

Professor, Management Information Systems

MIS Department Chair

MS Business Data Analytics Program Coordinator

West Virginia University

(304) 293-7939 office

Virginia.kleist@mail.wvu.edu

 

From: Members <members-bounces@lists.sigcis.org> on behalf of McMillan, William W <william.mcmillan@cuaa.edu>
Sent: Thursday, October 27, 2016 10:25 AM
To: Sigcis
Subject: [SIGCIS-Members] History of intellectual property in computing?

 

Greetings, SIGCIS.

I'm looking for historical sources on the development of intellectual property principles and practices to use in a graduate computer science class.

Of course, there is plenty of information on IP in IT and the history of IP in general, but I would like to find sources that tell a story across the development of computing in particular and relate it to other factors in technology and society.

Also, any syllabus examples or suggestions would be very welcome.

Thanks,
Bill

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--
Gerardo Con Diaz
Assistant Professor
Science and Technology Studies
University of California, Davis