Legal Aspects of the Information Society. - Free Technology Academy

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GNUFDL • 14 Intellectual property: authors' rights and copyright History The feeling of a need to protect computer programs gave way to a debate in terms of the most appropriate legal means of doing so: • In the beginning, the position was sustained that programs could be subject to protection by the legal precept of patents (the computer program as an invention), and this was upheld by the case law of the United States on several occasions. Nonetheless, in the late sixties and early seventies, various national lawmakers and international treaties began to reject the protection of software by patent. Consequently, more industrialised countries (subject to great pressure by large computer companies) sought alternative means of protecting their software. • A possibility arose to create specific or "sui generis" protection (the computer program as a new type of creation) with a duration of four to nine years and mandatory registration, although such initiative never took off (see, for example, the WIPO Model Provisions for Software Protection of 1978 and the Draft International Treaty for the Protection of Computer Programs of 1983). • Another possibility was also seen to protect software through the precept of Authors' rights and copyright (the computer program as a literary work), and this was the successful option. Finally, a generally accepted principle was reached whereby computerprograms would be protected by Authors' rights, while the hardware using computer programs or other inventions relating to such programs would be protected by patents. The choice of the system of Authors' rights for the protection of software was based in good part on the advantages posed by the protection of any work with the Authors' rights system: • Automatism. The right of the author derives from the mere original creation. No novelty is required. • Simplicity. The protection of a work does not require registration at registries, the compliance with formalities or the prior examination of conformity. • Economy. The protection does not require substantial economic investments. • Coverage. The protection is extended to the accessory documentation. • Internationalisation. The protection is granted, through international treaties, throughout almost the entire world. The standardisation of Authors' rights at the international level is at a very advanced stage. Notwithstanding these advantages, the application of Authors' rights to software has not been easy. The standardisation of protection at international level, equating computer programs to literary works and their protection under the system of Authors' rights are complicated matters, applying provisions that were originally devised for quite different works. Additionally, the laws of the continental countries have incorporated in their Authors' rights systems
GNUFDL • 15 Intellectual property: authors' rights and copyright this solution for the protection of software that is ultimately conceived for the copyright system of Anglo-Saxon countries, giving rise to difficulties with the traditional characteristics of the continental system, especially the recognition of moral rights.
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Legal aspects of online activities
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GNUFDL • Privacy Copyright © 201
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GNUFDL • Open standards Copyright
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With support from the This book con
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