Захист комп’ютерного програмного забезпечення в системі авторського права

Abstract

Software development in recent decades has demonstrated a pace of change not seen since the Industrial Revolution. Software affects almost every aspect of human life in all parts of the world. From an intellectual property rights perspective, discourse and debate focus not only on how software should be protected, but also on a host of issues that reflect the many aspects that software plays in the digital distribution of creative content. A further issue concerning the concept of “computer program” is whether the images generated on screens as a result of the operation of a program (for example, in the case of video games) may or should be regarded as parts of a “computer program”. It is possible to find certain views according to which an affirmative answer should be given to this question, and such views have been accepted exceptionally even at the level of national legislation, but the dominant opinion, as well as the dominant position under national laws, is that the images generated by a computer program in the form of screen display go beyond the concept of computer programs proper. The concept of “computer program” under Article 4 of the WCT also does not extend to the images generated by computer programs on screens. Until recently, unauthorized copying of software required the physical exchange of floppy disks, CDs, or other hard media. But software piracy has become much easier with the spread of the Internet, becoming faster and cheaper. The Internet allows products to move from computer to computer without transactions on hard media and with little risk of detection. Some piracy schemes may even involve computers without the owner's knowledge. Piracy that once required understanding complex computer codes can now be done with the click of a mouse on peer-to-peer networks, through mail-order and auction sites, newsgroups, or even as simple email attachments. Strong action at the local, national and international levels is needed to counter these dangerous trends.