ABSTRACT

This chapter reviews the analysis of the relationship between the various characteristics of cases and court decisions. Court decisions regarding infringement were made in a slightly different way according to the procedural status of the cases. In examining whether the allocative and human resources of the actors relate to court decisions, there are different dimensions along which the level of resources can be measured. When alleged infringers developed these programs, courts were less likely find that they infringed copyright than when the alleged infringers who developed no new programs or even developed competing programs without these particular characteristics. No matter how the size of the firms was measured, it was not related to the court decisions in any way. The courts seem to be most concerned with the independent developing activity of the actors. This result is contrary to the argument that copyright law has transferred rights to the copyright holders while depriving the author's of their rights.