Diálogos com Antonio Abrantes

Já que falei do assunto, transcrevo um trecho do Manifesto Sobre a
Proteção dos Programs de Computador, da Pamela Samuelson, Reichmann,
etc, a p. 2371 da Columbia Law review no. 94 (1994):


A market-oriented approach for the protection of incremental
innovation embodied in computer programs might employ "blocking
periods" during which, as in exclusive rights regimes, certain uses
of an innovation would be prohibited. However, a market-oriented
legal regime could more narrowly tailor blocking periods so that they
provide only the degree of artificial lead time that software
developers need to avoid market failure 251 Also, a market-oriented
legal regime could use blocking periods more selectively than
traditional exclusive rights laws have done. It could, for example,
provide a longer blocking period against reuse of an innovation by
software developers operating in the same market than against reuse
by developers who sought to employ the same innovation in a remote
market segment 252 It could also exempt appropriations of program
innovations having no effect on the market (e.g., some research
uses),25s


A market-oriented legal regime could also employ other mechanisms to
achieve its efficiency-enhancing aims, such as requiring users to
acquire automatically granted, royalty-bearing licenses for certain
types of uses.254 That is, it could develop liability rules that
would, for some period of time, compensate developers when second
comers used their innovations.255 These liability rules could, for
example, take into account the market segment in which a second comer
operated, the nature of the appropriated entity, and the degree of
similarity between the two products.25s