262) The CONTU
Report recognized that rapid change in technology
this point, CONTU
pointed out that, in the nineteenth century, when
85) The court supported its opinion with the following interpretation of the CONTU
100) The Q-Co decision is consistent with Congressional intent as expressed in the CONTU
Report, although the Report applies section 117 to reach its conclusion as opposed to applying an idea-expression analysis.
The time and expense of photocopying--as envisioned in the 1976 Act and the CONTU
Guidelines--created inconvenience for the user and acted to reduce the aggregate number of copies made for users.
30) Pamela Samuelson, CONTU
Revisited: The Case Against Copyright Protection for Computer Programs in Machine-Readable Form, 1984 DUKE L.
revisited: The case against copyright program for computer programs in machine readable form.
The issue addressed by Congress and CONTU
goes beyond computer
One early set of library guidelines was the CONTU
Guidelines on Photocopying Under Interlibrary Loan Arrangements, which was adopted in 1978 by the National Commission on New Technological Uses of Copyrighted Works.
was organized in order to issue a report to qualify such protection under current doctrine and make recommendations for changes if necessary.
20) That these monthly discussions carried the acronym CONFU (Conference on Fair Use, following the CONTU
established some twenty years before) was perhaps an unhappy omen.
was clear, however, that the fundamental limitation reflected in the idea/expression dichotomy that copyright law cannot protect "any idea, procedure, process, system, method of operation, concept, principle, or discovery"(78) shall apply with equal force with regard to computer programs.