The Copyrightability of Encryption Methods and Encryption Algorithms on Computers
Zoe Milak · bepress Legal Repository · 1996
Due to the growth of business and correspondence via the Internet, encryption has become increasingly necessary.'To ensure the integrity of contracts, e-mail, and personal documents transmitted through the Internet, encryption technology is essential.2 Additionally, like everything else that man makes, encryption technology is subject to the desire to protect his right to just compensation.Intellectual property laws are tools for reaching this end.Patents and copyrights are the two major protections for intellectual property.The Constitution is the source of authority for both: "The Congress shall have Power ... To Promote the progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." 3 Stated very simply, patents protect inventions or processes, 4 and copyrights protect the creator's expression of an idea.5 In the area of computer law, it can be difficult to differentiate between an idea, an invention, a process, and an expression.6 Consequently, there are overlaps and gaps between patent and copyright law.This Comment will present patent and copyright law as they relate to algorithms, with a view towards protecting an encryption algorithm under copyright law.Part I of this Comment will define "algorithm" and "encryption algorithm," and explain common encryption techniques currently used with computers.