Legal protection of computer software Copyright, Databank rights, Patents - Lecture 7

Why is software protection necessary?

• Protect interests and investments in software development.

• Digital format makes copying easy.

• Legal protection ensures fair use and ownership rights.

What are the key options for software protection?

• Ownership rights (still debated for data).

• Intellectual property (IP) rights.

What are the exceptions for reproducing software under EU Directive 1991/31/EU?

• Reproduction in working memory.

• Making a backup copy.

• Decompiling for interoperability.

What are the bottlenecks for copyright protection of software?

• Protects expression, not ideas or functionality.

• Difficult to trace creators or copyright owners.

• Contract law governs license grants.

• Compensation for infringements is challenging.

What elements of software are protected under copyright?

• Source and executable code.

• Preparatory design materials.

• User documentation.

What is not protected under EU Copyright Law?

• Software functionality.

• Computer language.

• Algorithms without implementation.

What are the IP rights associated with software?

• Right to reproduce, publish, and modify software.

• Rights of use must be explicitly defined.

What rights do software licensees have under EU law?

• Right to use (within limits).

• Right to make backup copies.

• Right to test, examine, and maintain software.

• Reverse engineering for interoperability.

What is the first sale doctrine in software?

• The copyright is "exhausted" after the first sale.

• Relevant for software licenses not limited in time and sold for a one-time fee (e.g., Oracle-UsedSoft case).

What are the advantages of open source software?

• Often free and safer due to public code access.

• Faster bug fixes and stable code.

• Independent from commercial providers.

What are the disadvantages of open source software?

• Specialist knowledge may be needed.

• Compatibility issues with hardware or commercial software.

• Confusion due to parallel development tracks.

What are restrictive open source licenses?

• Source code must be made publicly available.

• Adaptations require re-publication under the same license.

• Examples: GNU GPL, LGPL.

What are permissive open source licenses?

• No obligation to re-publish modifications.

• Source code may be combined with commercial licenses.

• Examples: BSD, MIT, Apache licenses.

What is the purpose of patent law?

• Grants exclusive rights to prohibit others from using an invention.

• Promotes innovation by requiring public disclosure.

What are the criteria for granting a patent?

• Novelty.

• Inventiveness.

• Industrial applicability.

What are the advantages of patent protection for software?

• Strong legal protection and negotiation power.

• Effective against infringement.

• Encourages innovation.

What are the disadvantages of patent protection for software?

• Costly and time-consuming.

• Software patents may become outdated quickly.

• Territorial restrictions.

What is a database under the EU Database Directive?

• A systematically ordered collection of works or data.

• Elements must be independently accessible.

• Includes paper and digital formats.

What does database protection cover?

• Substantial investments in building the database.

• Prevents unauthorized copying, public use, and harvesting.

What rights do database users have?

• Legitimate users can access and reuse limited parts.

• No right to copy the database in its entirety.

What is the significance of open source software in app development?

• Enables the creation of multi-platform apps.

• Developers can adapt and extend frameworks like Angular and Ionic.

What is the Angular framework?

• Supported by Google.

• Allows development of web apps using HTML and JavaScript.

What is the Ionic addition to Angular?

• Enhances UI development for apps.

• Licensed under the permissive MIT license.

What are the challenges of software licensing?

• Defining rights of use, transfer, and modification.

• Managing restrictive and permissive licenses.

What is the difference between strong and weak copyleft licenses?

• Strong copyleft: Derivatives must be licensed similarly (e.g., GPL).

• Weak copyleft: Allows dynamic linking without altering other licenses (e.g., LGPL).

What is the main focus of the EU Copyright Directive (2019/790)?

• Balances rights of internet platforms and content creators.

• Introduces link tax (Article 15) and upload filter obligations (Article 17).

What are the misunderstandings about open source?

• Not without copyright.

• Not always free.

• Requires ongoing maintenance for security.

What is sui generis protection for databases?

• Protects substantial investments in building databases.

• Applies only if databases meet specific criteria

What are some legal protections for database content?

• Copyright protects original works.

• Database Directive protects effort and investment.

What constitutes substantial investment in databases?

• Effort in collecting, organizing, and maintaining data.

• Investments must justify protection to earn back costs.