[net.legal] Chip Copyrights

ron@brl-vgr.ARPA (Ron Natalie <ron>) (06/01/84)

From EETimes Monday, 21 May

Senate Passes Semi-Chip Bill
House Action Expected Soon
by Jim Van Nostrand

WASHINGTON - The U.S. Senate voted unanimously last week to extend
copyright protections to semiconductor-chip designs.

The House Judiciary Committee has approved a similar bill, and,
according to the staff of the Semiconductor Industry Association,
action by the full House is expected within a few weeks.

The Senate bill would allow chip designers to copyright their creations
for 10 years.  While specifically prohibiting the unauthorized reporduction
of copyrighted chips, the bill would protect the right of competitors to
reverse-engineer by studying chip designs, and would allow the production
of chips that may have the same function, but are of different design.

THe SIA hasd three reasons, according to SIA staff member Daryl Hatano,
for favoring the Senate bill which was passed Wednesday.  It extends
traditional copyright law to protect chip designs.  This protection
would be retroactive covering chips made for commercial uses as far back
as 1980.  The bill also provides for violoators of its provisions to
incur criminal, as well as civil penalties.

"The House committee wanted to create a new, non-copyright kind
of protection for chip masks," Hatano said.  The House bill would
be retroactive for one year, rather than teh Senate's five years.
The SIA is polling its members, but preliminarily favors the longer
period, Hatano said.

"And we would favor having criminal penalties to the extent that they
would deter illegal chip copying," he said.

"Passage of copyright legislation is essential to the continuing health
of the U.S.semiconductor industry," Thomas Hinkelman, SIA president,
said.  "By reducing the threat of substantial losses from chip piracy,
this legislation encourages the investment in research and development
that is so critical to keeping our industry innovative and competitive."

No form of intellectual property law currently protects semiconductor designs.
Industry representatives have told Congress that a successful design, which
can cost as much as $50 million to develop, can now be copied through
photographic reproduction for as little as $50,000.

Senators Charles Mathias, R-Md., and Gary Hart, D-Colo., are the chief
sponsors of the Senate bill.  A House subcommittee chairman, Rep. Robert
Kastenmeier, D-Wis., is the author of the House bill, which was introduced
by two California Democrats, Reps. Don Edwards and Norm Mineta.

-Ron

garys@bunker.UUCP (Gary Samuelson) (06/04/84)

What's this about making this protection being retroactive?
I thought that was always illegal. (No ex post fact law...)

jss@sjuvax.UUCP (06/13/84)

[Aren't you hungry....]

	Wonderful, I for one think that this copyright extension is a good 
thing.  Now how about software copyright/patent legislation...


Jonathan S. Shapiro
Haverford College
Haverford, Pa.