This week marks the 38th anniversary of a pivotal moment in tech history: the ruling by a federal judge on September 22nd, 1986, that established computer code as protected under copyright law.
The decision came from the U.S. District Court for the Northern District of California in the case NEC Corporation v. Intel Corporation—a landmark case that set a powerful precedent for the legal treatment of software and intellectual property, profoundly influencing the development of the software industry and the broader field of technology.
Software as Intellectual Property
The case revolved around NEC Corporation, which was accused by Intel of copying the microcode used in Intel’s microprocessors to create competing products. NEC argued that the microcode was purely functional and not subject to copyright protection.
However, Intel contended that the microcode was an original, creative work that deserved the same protections as literary works under copyright law. The court ultimately sided with Intel, declaring that computer code, even at the microcode level, was an original work of authorship and therefore eligible for copyright protection. This 1986 ruling was crucial because it recognized that computer code, despite its technical nature, is a form of creative expression.
By affirming this, the judge’s decision ensured that software developers and companies were entitled to the same legal protections as authors, artists, and musicians, preventing their intellectual property from being copied or exploited without permission.
By affirming that code is protected under copyright law, it laid the foundation for the modern software industry. Developers could now invest in creating complex, innovative programs with the assurance that their work was legally protected. This security encouraged the growth of software companies and the commercialization of software products, driving innovation and the expansion of the tech industry.
The ruling also had far-reaching implications for the way software is developed, distributed, and monetized. It paved the way for the establishment of software licensing agreements and the protection of proprietary code, which became critical to the business models of tech giants.
It also contributed to the rise of open-source software, as developers and organizations sought to balance the protection of intellectual property with the benefits of collaborative development.
The Wrap
As we reflect on the 38th anniversary of the ruling that protected computer code under copyright law, we recognize its profound impact on the evolution of the tech industry. This decision legitimized software as a creative and intellectual pursuit, ensuring that developers could safeguard their innovations.
It not only empowered individual coders but also fueled the growth of an industry that has become central to modern life. The protection of code as a form of expression has allowed technology to flourish, making it possible for us to enjoy the diverse and dynamic digital products we have today.
Go Deeper –> Computer Code Protected by Copyright – This Day in Tech History
