Article · Technology

The Evolution of Computer Law: From Software Copyright to Artificial Intelligence

Type
Article
Jurisdiction
National
Date
2025-10-04
Topic
Technology

Computer law was never written on a clean slate. It was assembled piece by piece as each new machine—a program, an encrypted file, a comment thread, a training dataset—arrived at the courthouse and forced a judge or legislator to decide which old legal box it belonged in. This research article traces that history as a connected argument: the fight over whether software could be copyrighted at all (CONTU and Apple v. Franklin), the forty-year war over software patents (Benson through Alice), the rise and judicial narrowing of the Computer Fraud and Abuse Act (Van Buren), the platform-liability bargain of Section 230, the DMCA's twin regimes of safe harbor and anti-circumvention, the Crypto Wars over whether code is speech, the legalization of the electronic signature, copyright turned into an engine of sharing through open source, the bottom-up birth of American data-privacy law, and the arrival of artificial intelligence. Each milestone is explained in plain language and anchored to primary authority, and the throughline is a single recurring problem: how to govern machines the law's drafters never imagined. The aim is a durable reference for practitioners, judges, founders, and policymakers who need to see the whole arc, not just the latest headline.

The Evolution of Computer Law: From Software Copyright to Artificial Intelligence

Technology > Information Technology | Published 4 October 2025 - Updated 11 February 2026 | UpLaw - uplaw.us

Computer law is best read as one long argument, restarted every decade, about how to fit a genuinely new machine into rules written for an older world. This article follows that argument from the first fights over software copyright to the present disputes over artificial intelligence, anchoring each turn to the cases and statutes that decided it.

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