This Note presents the areas in which the copyrightability of a computer program has been questioned and it explains the reasoning used by the Third Circuit in Franklin to reject arguments that not all computer programs are copyrightable. Although there is no longer any doubt whether a computer program may be the subject of copyright, fundamental issues involved in copyrighting a work may pose barriers to a program being protected. These issues will be discussed in light of the Third Circuit's opinion in Franklin and the future directions which copyright law may take.
Jan L. Nussbaum,
Apple Computer, Inc. v. Franklin Computer Corporation Puts the Byte Back into Copyright Protection for Computer Programs, 14 Golden Gate U. L. Rev.