Alternative Software Protection in View of In re Bilski.

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    • Abstract:
      The article examines the developments that make copyright protection comparable to patents and analyzes the considerations for implementing software protection via copyright in line with In re Bilski, the en banc decision of the U.S. Court of Appeals for the Federal Circuit (CAFC) on the patenting of method claims, particularly business methods. It explains how the decision of the CAFC departed from the useful, concrete and tangible result test that was established in the decision for State Street Bank & Trust Co. versus Signature Financial Group Inc. It discusses the indirect liability offered by copyright and details the aspects of contributory and induced infringement.