Panel Discussion (Excerpts)

1986 ◽  
Vol 21 (1) ◽  
pp. 23-39
Keyword(s):  
Criminal Law ◽  
Panel Discussion ◽  
Computer Software ◽  
Copyright Law ◽  
Vivid Memories

Let me first say a few words on a personal theme. I had the privilege of being a student at our Faculty of Law of Mr. Shimron, to whose memory this conference is dedicated. I have very vivid memories of him. He taught us the course on Criminal Law, and he was a most impressive teacher. I should like to congratulate Mr. Shimron's family and Prof. Goldstein who co-operated in organizing this occasion.When I heard the opening remarks by Judge Shalgi I made a note that I should tell the audience that the Committee for the Revision of the Copyright Law in Israel has up till now done very little with regard to computer software. However, on hearing Dr. Shalgi's following remarks I began to realise that actually our Committee had already done a lot in the context of computer software. The Committee reached a decision that it was suitable and proper for the new Copyright Law to address itself and apply its rules to computer programmes, and to list computer software among the works that are protected by copyright.

Making a Living, Making a Life

2017 ◽  
Author(s):  
Paul Klemperer
Keyword(s):  
Computer Software ◽  
Copyright Law ◽  
First Century ◽  
Artistic Development ◽  
Technological Changes ◽  
Musical Style ◽  
Career Trajectory ◽  
Professional Musicians ◽  
Professional Musician ◽  
Musical Traditions

To be a professional musician in today’s marketplace, regardless of musical style or tradition, is largely a balancing act. Time allocated to artistic development or career development all too often involves sacrificing one for the other. Faced with major economic, demographic, and technological changes in the twenty-first century, it falls to the musician to develop a multifaceted career trajectory. This includes a diverse skill set including not only fluency in various musical traditions but expertise in business, computer software, sound engineering, and copyright law as well. The musician’s balancing act thus involves choosing which educational programs will be of most help within realistic time constraints. Professional musicians who return to academia often bring a creative and practical approach to curriculum change based on their real world experiences.

scholarly journals So Dark the Con(tu) of Man: The Quest for a Software Derivative Work Right in Section 117

2008 ◽  
Vol 70 (1) ◽  
Author(s):  
Lateef Mtima
Keyword(s):  
Computer Software ◽  
Copyright Law ◽  
Copyright Holder ◽  
User Adaptation ◽  
New Public ◽  
Derivative Work ◽  
Software Programs ◽  
Exclusive Right ◽  
The Impact ◽  
Judicial Recognition

Computer software programs have various unique characteristics as copyrightable works. Among other things, unlike traditional copyrightable works, it is necessary to copy and often to modify software programs in order to use them. In addition, as functional works, the development of additional programs, an overarching goal of copyright protection, often requires the “efficient reuse” of protected elements of preexisting programs. The copyright law currently provides an ambiguous and contradictory response to these issues. While section 117 of the Copyright Act provides program users with the privilege to prepare “adaptations” of copyrighted programs, section 106 reserves to copyright holders the exclusive right to prepare derivative versions of their programs. This article proposes that user adaptation privileges can be distinguished from, and reconciled with, copyright holder derivative work exclusive rights by virtue of the impact that a user-prepared adaptation will have upon the market for the original copyrighted program: “market benign” adaptations should be treated as privileged adaptations, while “market pernicious” adaptations should be treated as derivative works and therefore, subject to the rights of the copyright holder in the original program. In addition, the “practical-use versus market-impact” balancing rationale used to draw the foregoing distinction can also be used to reconstruct the traditional derivative work right into a narrower “software derivative work right.” This software derivative work right would limit the copyright holder’s exclusive right to that of creating derivative programs that are likely to compete with, or otherwise have an undue impact on the market for, the original copyrighted software program. This would enable judicial recognition of a new “public derivative work privilege” to create non-competitive derivative software programs from preexisting works.

Die Strafbarkeit der Verlinkung von Inhalten nach dem Kern- sowie nach dem Urheberstrafrecht

2021 ◽  
Author(s):  
Lukas Hambel
Keyword(s):  
World Wide Web ◽  
Criminal Law ◽  
World Wide ◽  
Copyright Law ◽  
Success Story ◽  
Digital Tool ◽  
The World ◽  
Letterpress Printing ◽  
Different Sources

The development of the World Wide Web is a success story, perhaps as significant as the invention of letterpress printing. The breakthrough of this technology can be attributed to a simple, but powerful digital tool: the hyperlink. The linkage of data from two different sources, however, also enables the spread of unlawful, unethical or racistic content. In jurisprudential literature this issue was either examined from a perspective exclusively stemming from copyright law or from core criminal law. The author has taken on the responsibility to highlight parellels between those areas of law and to examine, whether conclusions can be drawn from the current rulings of the ECJ as regards core criminal law.

scholarly journals Copyrightability of Recombinant DNA Sequences

2016 ◽  
Author(s):  
Dan Burk
Keyword(s):  
Intellectual Property ◽  
Dna Sequences ◽  
New Technologies ◽  
Recombinant Dna ◽  
Computer Software ◽  
Copyright Law ◽  
Patent Law ◽  
Intellectual Property Protection ◽  
Dominant Form ◽  
Recent Emergence

The recent emergence and rapid growth of biotechnology as a commercial industry has raised serious questions concerning the role of patent law as the industry's dominant form of intellectual property protection. Several commentators, drawing on an analogy to computer software protection, have suggested copyright law as an alternative method of protecting recombinant DNA innovation. This article reviews these arguments in light of recent court decisions and scholarly commentary concerning copyright of computer software. The article argues that copyright law is not sacrosanct, but rather represents a particular scope of proprietary interests that may be used to accommodate the needs of new technologies such as biotechnology. The article asserts, however, that the decision to apply copyright protection to such a technology should be based on policy rather than on analogy. The article reviews the basic characteristics of both the science of molecular biology and of the biotechnology industry, and, by contrasting these characteristics to those of the software industry, concludes that, as a matter of policy, copyright is not the most appropriate form of intellectual property protection for biotechnology.

scholarly journals So Dark the Con(tu) of Man: The Quest for a Software Derivative Work Right in Section 117

2007 ◽  
Vol 69 (1) ◽  
Author(s):  
Lateef Mtima
Keyword(s):  
Computer Software ◽  
Copyright Law ◽  
Copyright Holder ◽  
User Adaptation ◽  
New Public ◽  
Derivative Work ◽  
Software Programs ◽  
Exclusive Right ◽  
The Impact ◽  
Judicial Recognition

Computer software programs have various unique characteristics as copyrightable works. Among other things, unlike traditional copyrightable works, it is necessary to copy and often to modify software programs in order to use them. In addition, as functional works, the development of additional programs, an overarching goal of copyright protection, often requires the “efficient reuse” of protected elements of preexisting programs. The copyright law currently provides an ambiguous and contradictory response to these issues. While section 117 of the Copyright Act provides program users with the privilege to prepare “adaptations” of copyrighted programs, section 106 reserves to copyright holders the exclusive right to prepare derivative versions of their programs. This article proposes that user adaptation privileges can be distinguished from, and reconciled with, copyright holder derivative work exclusive rights by virtue of the impact that a user-prepared adaptation will have upon the market for the original copyrighted program: “market benign” adaptations should be treated as privileged adaptations, while “market pernicious” adaptations should be treated as derivative works and therefore, subject to the rights of the copyright holder in the original program.In addition, the “practical-use versus market-impact” balancing rationale used to draw the foregoing distinction can also be used to reconstruct the traditional derivative work right into a narrower “software derivative work right.” This software derivative work right would limit the copyright holder’s exclusive right to that of creating derivative programs that are likely to compete with, or otherwise have an undue impact on the market for, the original copyrighted software program. This would enable judicial recognition of a new “public derivative work privilege” to create non-competitive derivative software programs from preexisting works.

Copyright and the modern car: Colliding visions of the public good in DMCA section 1201 anti-circumvention proceedings

2021 ◽  
pp. 146144482110152
Author(s):  
MC Forelle
Keyword(s):  
Public Good ◽  
Computer Software ◽  
Copyright Law ◽  
Personal Computers ◽  
Individual Autonomy ◽  
The Public ◽  
Conflicting Goals

In 2015, a debate unfolded over who should be allowed to access vehicular software for the purposes of repair, maintenance, and modification. Conducted as part of the triennial anticircumvention exemptions proceedings of the Digital Millennium Copyright Act, this debate surfaced tensions that had long been brewing about copyright’s applicability to computer software, with the added complication that rather than personal computers, the devices being discussed were cars, trucks, and tractors. At stake was whether copyright was the appropriate tool for striking the balance between economic incentivization and individual autonomy—and whether that was really the balance in question. I argue, rather, that while copyright law has been written and interpreted with these two conflicting goals in mind, a third goal is possible: the public good served through communal and sustainable commitments. By re-prioritizing this goal, we could rewrite copyright to could lead us to a more equitable future.

scholarly journals SANKSI PELANGGARAN HAK CIPTA MENURUT HUKUM PIDANA ISLAM DAN HUKUM POSITIF DI INDONESIA

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Yandi Maryandi
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Rights ◽  
Criminal Law ◽  
Copyright Law ◽  
Trade Secrets ◽  
Indonesian Population ◽  
The Earth ◽  
Patent Rights ◽  
The Face ◽  
Protecting Intellectual Property

AbstrakSecara hakiki segala yang diam dan bergerak di muka bumi baik daratan maupun lautan memang milik Allah. Kalau secara hakiki ini diterapkan dalam keseharian, kehidupan mendadak chaos karena siapa saja merasa khalifatullah. Namun, secara majazi hak milik Allah bisa diidhofahkan kepada siapa saja agar kehidupan jadi terang dan terus berjalan. Hak atas Kekayaan Intelektual (HKI) merupakan salah satu hak yang telah mendapatkan perlindungan secara hukum di Indonesia, ada beberapa peraturan perundang-undangan yang mengatur tentang hak-hak yang termasuk dalam ruang lingkup kekayan intelektual seperti hak cipta, hak paten, hak merek, hak rahasia dagang dan sebagainya. Yang perlu diketahui lebih mendalam adalah bagaimana hak cipta dalam perspektif hukum Pidana Islam karena Indonesia sebagai negara terbesar menganut agama Islam akan sangat mempengaruhi pemahaman dan kesadaran penduduk Indonesia akan pentingnya perlindungan terhadap hak atas kekayaan intelektual.Kata kunci: Hak Cipta, Hukum, Pidana IslamAbstractBasically everything that is stationary and moves on the face of the earth, both land and sea, indeed belongs to God. If it is essentially applied in daily life, life suddenly chaos because anyone feels khalifatullah. However, by virtue of God's property can be transferred to anyone so that life will be bright and keep going. Intellectual Property Rights (IPR) is one of the rights that has been legally protected in Indonesia, there are several laws and regulations governing rights that are included in the scope of intellectual property such as copyright, patent rights, trademark rights, rights trade secrets and so on. What needs to be known more deeply is how copyright in the perspective of Islamic Criminal law because Indonesia as the largest country adheres to Islam will greatly affect the understanding and awareness of the Indonesian population on the importance of protecting intellectual property rights.Keywords: Copyright, Law, Islamic Criminal

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