ABSTRACT
The Office of Technology Assessment of the US Congress has reported that copyright law provides unsatisfactory protection for computer software. There is hardly a life in existence within the developed world which is not affected in some way by computer software, much of it tailored for the specific needs of a particular user group and some of it for the specific needs of a particular individual. Part of the reason why there is still a lack of certainty concerning legal protection of computer software is historical. Lawyers who oppose sui generis legislation or a special legal regime for computer software rely heavily upon the efficacy of international conventions which cover copyright issues. The ferment over patents versus copyrights, as to which is the more suitable regime for protecting computer software, leads inevitably to concern about the other side of the compromise contained within the constitutional roots of US intellectual property rights.
