Programas de computación: responsabilidad civil por violación a los derechos de autor

Abstract

Abstract.As a right recognized in almost all national Constitutions and International Human Rights treaties, copyright is closely linked to the personality of the author, who as the right holder has certain legal privileges. One of these and consequence of non laedere alterum principle, is the right to claim damages against anyone whose behavior violates the author’s intellectual property. However to solve the case and to serve justice, the judge should be prudent and take into account every single details which made the case unique. In our legal systems that means search for the solution in the current regulations even traveling to the analogy or the general principles of law. Some of the problems arising from civil action exercises resulting from the violation of software copyrights are explained in this paper with special reference to the Argentinian law as well comparative law and foreign case law.