Abstract

In 1946, University of Pennsylvania Professors J. Presper Eckert, Jr. and John Mauchly developed the ENIAC, the first true digital computer. During the subsequent forty years, the descendants of that initial machine have reshaped almost every aspect of modem life. With the rapid evolution of both hardware and software, a constant problem facing the computer industry has been the inability of the law to remain current with new technological developments. In no area is the problem of the law failing to deal adequately with a rapidly changing industry more evident than in the area of copyright protection of computer software.

During the past year, several cases were decided which could dramatically alter the level of protection afforded to computer software programs. Perhaps the most significant decision arose from the Third Circuit Court of Appeals in Whelan Associates, Inc. v. Jaslow Dental Laboratory, Inc., where the court extended copyright protection to include the program's "structure, sequence and organization," thereby protecting software even where there is no substantial similarity between the literal elements-the source and object codes-of the original and infringing programs. This expansion of coverage, sometimes referred to as protecting the program's "look and feel," has created considerable controversy and uncertainty in the area of copyrighting computer software. While there has been a trend towards broadening the scope of protection, other courts have recently refused to expand the level of protection, holding that protection may not extend beyond the source and object code itself.

This Note will examine the development of copyright law as applied to computer software programs. It will discuss and analyze the recent decisions extending the level of copyright protection granted to computer software programs. Finally, the Note will explore the recent "look and feel" lawsuits and their effect on the law and the software industry itself.

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