Description
Book SynopsisThis book analyzes U.S. federal cases on the copyright protection of computer software programs, to examine the role of communication in legal decision making process. It is the first to apply Anthony Giddens'' theory of structuration to analyze law in a systematic and empirical way. Previous studies considered law to be independent, objective and neutral, and even those that considered social structures and actors focused on economic and political factors. Employing the framework of the author, the work, and the use, this study attempts to show how relationships and struggles of the parties are actually manifested through communication, and how the strategic communication of the parties influences the structural environment of copyright law. There has been a long-running debate over whether and how the copyright law, evolved from the era of the print technology, should be applied to computer programs, a new work of authorship. Contrary to some cautionary arguments that modern copyrig
Table of ContentsPreface; Chapter 1 Introduction; Part I Copyright System as Legal Structure; Chapter 2 Law as a Process of Structuration; Chapter 3 Structural Rules and Resources in Copyright System; Chapter 4 The Process of Research; Part II The Dynamics of Structural Change; Chapter 5 Computer Program Copyright Cases; Chapter 6 Interplay of Actors, Resources, and Court Decisions; Chapter 7 Use of Structural Rules and Resources in Legal Arguments; Part III Process of Structuration in Copyright Cases; Chapter 8 Reassessing the Role of Communication; Chapter 9 Conclusion; epilogue EpiloguefigappI_1 The Process of Structuration Through Communicative Actions Coding Schemes for the Analysis of Arguments Appendix IV;
