On Reverse Engineering and Decompilation

2017 ◽  
Author(s):  
Noam Shemtov
Keyword(s):  
Intellectual Property ◽  
Reverse Engineering ◽  
Software Industry ◽  
Critical Evaluation ◽  
Computer Programs ◽  
Copyright Law ◽  
Cloud Environment ◽  
Copyright Laws ◽  
Eu And Us ◽  
Software Interoperability

This chapter examines reverse engineering and the decompilation of computer programs, both of which are highly regulated under the current copyright regime. It begins with a practical overview of reverse engineering and decompilation of software, focusing on types of reverse engineering prevalent in the software industry, the various stages of reverse engineering, and the motivation and methods for reverse engineering. It then looks at the reasons for and benefits of decompilation, which is a category of reverse engineering, and examines software interoperability. At this stage the chapter considers what EU and US copyright laws say about decompilation, with particular emphasis on the role that the idea-expression dichotomy plays in decompilation scenarios. It also discusses the problem of entitlement with respect to intellectual property rules, and more specifically in the case of decompilation of computer programs. It provides a critical evaluation of Article 6 of the Software Directive in enabling decompilation in order to achieve interoperability. The chapter concludes with a commentary on reverse engineering in the cloud environment under copyright law.

International Protection of Intellectual Property Rights: Special Refrence with Intangible Properties and Copyright Laws.

LAW REVIEW ◽  
2018 ◽  
Vol 38 (1) ◽  
Author(s):  
Rohit P Singh ◽  
Shiv Kumar Tripathi
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Public Interest ◽  
Copyright Law ◽  
Patent Law ◽  
International Protection ◽  
The Public ◽  
Copyright Laws ◽  
Rapid Pace

In view of the rapid pace of technological, scientific and medical innovations in India and abroad, the intellectual property rights i.e., copyright, patent and other neighboring rights, have been recognized in Indian and foreign jurisdiction. Moreover, its scope and content have expanded pursuant to statutory amendments over the years. Growing recognisiont, expansion and protection of IPRs needs to harmonised with the public interest. Within this backdrop, copyright law, patent law etc. have made elaborate provisions and endeavours have also been made at international level to strike a balance between protection of individual’s IPRS and social interest. The present article tries to examine the contours of protection of IPRS at national and international levels with special reference to copyright law.

Copyright Protection for Software 2.0?

2021 ◽  
pp. 323-340
Author(s):  
Hao-Yun Chen
Keyword(s):  
Neural Network ◽  
Neural Networks ◽  
Network Structure ◽  
Copyright Protection ◽  
Computer Programs ◽  
Copyright Law ◽  
Data Sets ◽  
Copyright Laws ◽  
Neural Network Structure ◽  
Over Time

Traditionally, software programmers write a series of hard-coded rules to instruct a machine, step by step. However, with the ubiquity of neural networks, instead of giving specific instructions, programmers can write a skeleton of code to build a neural network structure, and then feed the machine with data sets, in order to have the machine write code by itself. Software containing the code written in this manner changes and evolves over time as new data sets are input and processed. This characteristic distinguishes it markedly from traditional software, and is partly the reason why it is referred to as ‘software 2.0’. Yet the vagueness of the scope of such software might make it ineligible for protection by copyright law. To properly understand and address this issue, this chapter will first review the current scope of computer program protection under copyright laws, and point out the potential inherent issues arising from the application of copyright law to software 2.0. After identifying related copyright law issues, this chapter will then examine the possible justification for protecting computer programs in the context of software 2.0, aiming to explore whether new exclusivity should be granted or not under copyright law, and if not, what alternatives are available to provide protection for the investment in the creation and maintenance of software 2.0.

Machine Learning Models Under the Copyright Microscope: Is EU Copyright Fit for Purpose?

2021 ◽  
Author(s):  
BegoÑa Gonzalez Otero
Keyword(s):  
Machine Learning ◽  
Intellectual Property ◽  
Open Source Software ◽  
Computer Programs ◽  
Copyright Law ◽  
The Core ◽  
Eu Copyright Law ◽  
Core Components ◽  
Fit For Purpose ◽  
Software Licensing

Abstract This paper is based on a presentation given in December 2019 at the Lund’s University conference ‘Artificial Intelligence (AI), Data Protection and Intellectual Property in a European context’. The purpose of this article is to analyse the suitability of the copyright system over Machine Learning (ML) models, the so-called ‘core components’ of ML systems. Computer programs protection has always caused certain difficulties for intellectual property law. Internationally, agreement was reached in the 1970s to protect computer programs as literary works of copyright. ML models have been called ‘learning algorithms’, ‘AI computer programs’, and ‘software 2.0’. Yet there is no unanimity about what they are technically. This is relevant from a copyright perspective, because the regime of protection granted by copyright will be different depending on whether the ML model qualifies as a computer program, as a mathematical method, or as another type of work. Additionally, all proprietary and open source software licensing relies on copyright protection. In most open licenses, the license is not triggered if it is applied to something that is not protected by copyright (or related rights). Thus, it seems pertinent to question whether EU copyright law provides adequate protection for the core components of machine learning systems, the ML models.

scholarly journals Efficiency of Copyright Law in the Digital Space in Kenya

2016 ◽  
Vol 1 (2) ◽  
pp. 25-44
Author(s):  
Irene Otieno
Keyword(s):  
Intellectual Property ◽  
New Technologies ◽  
Copyright Law ◽  
New Right ◽  
P2p Networks ◽  
Digital Space ◽  
On Demand ◽  
P2p File Sharing ◽  
Copyright Laws ◽  
The World

The emergence and use of new technologies such as Peer-to-Peer (P2P) file sharing has brought with it numerous controversies particularly for intellectual property. P2P technologies function by granting its users access to files stored on another P2P user’s hard drive thus enabling them to download on-demand from users who have granted them such access. This aspect of the P2P networks (making files available for download), has been argued to be a violation of the exclusive rights granted by copyright. Consequently, a new right of making available was introduced via the World Intellectual Property Organisation (WIPO) Copyright Treaty (WCT) to supplement the existing copyright regime thus making it more adaptable to the digital age. The lack of ratification of the WCT and the lack of recognition of this right in Kenya, points to an inefficiency of Kenyan copyright laws to prevent P2P sharing of protected works in Kenya.

Intellectual property

Geophysics ◽  
1995 ◽  
Vol 60 (4) ◽  
pp. 1270-1278
Author(s):  
K. P. Sriram ◽  
Mark Gilbreth
Keyword(s):  
Intellectual Property ◽  
Copyright Protection ◽  
Patent Protection ◽  
Computer Software ◽  
Computer Programs ◽  
Related Issue ◽  
Copyright Laws ◽  
Basic Understanding

In our last two articles, we discussed various aspects of patents, This article discussed the related issue of copyrights: requirements for obtaining them, infringement, and remedies. The purpose of this article is to provide a basic understanding of the nature of copyright protection and then discuss the availability of patent and copyright protection, it is less clear on the general availability of patent protection fir computer programs. This is a very contentious matter. There are some who advocate strengthening of protection for computer software while there are others who would like to see computer software shorn of any protection under both the patent and the copyright laws.

scholarly journals China vs. United States: A Cosmopolitan Copyright Comparison

2015 ◽  
Vol 15 (1) ◽  
pp. 1-32
Author(s):  
Amy Rosen
Keyword(s):  
United States ◽  
Intellectual Property ◽  
The United States ◽  
Copyright Law ◽  
Copyright Laws

China has a notorious reputation for infringing on intellectual property, especially copyrights. Despite making substantial improvements in its copyright laws over the years, China continues to be haunted by this reputation. But is it really true? By analyzing China’s Copyright Law, this piece explores whether the assumption that China is a notorious infringer is valid. By comparing the copyright laws of the United States to those of China, and by comparing the number of litigated copyright cases that have recently occurred in both countries, this Article concludes that unfortunately Chinese citizens are still severely infringing on international copyrights. Such infringement harms not only foreign copyright owners, but Chinese citizens as well. Notwithstanding this dire conclusion, there is still hope. This paper posits three possible resolutions to help cure China’s reputational ills and weighs each solution's effectiveness.

scholarly journals Copyright Protection and Role of Publishers: Perceptions of Indian Authors

2019 ◽  
Vol 8 (3S) ◽  
pp. 475-479
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Copyright Protection ◽  
General Public ◽  
Legal Framework ◽  
Copyright Law ◽  
Copyright Laws ◽  
Creativity And Innovation

Copyright laws provide the legal framework to the business of publishing, and authors and publishers have benefitted enormously over the last 100 years or more from the existing copyright regime. The objective of copyright law is to reward the creativity of authors while ensuring that the general public has access to the creativity and innovation of authors. Publishers invest in the content and intellectual property rights assigned to them by authors. What provides value to their investment is the protection provided by copyright laws to the seamless acquisition and transfer of the intellectual property asset. This paper, the first of its kind on authors and copyright in India, focuses on Indian author perceptions on the role of publishers in protecting copyright.

Digital Copyright

2017 ◽  
Author(s):  
Jessica Litman
Keyword(s):  
Motion Picture ◽  
General Public ◽  
File Sharing ◽  
Peer To Peer ◽  
Copyright Law ◽  
Information Policy ◽  
Free Society ◽  
Digital Copyright ◽  
Exchange Of Information ◽  
Copyright Laws

The general public is used to thinking of copyright (if it thinks of it at all) as marginal and arcane. But copyright is central to our society’s information policy and affects what we can read, view, hear, use, or learn. In 1998 Congress enacted new laws greatly expanding copy owners’ control over individuals’ private uses of their works. The efforts to enforce these new rights laws have resulted in highly publicized legal battles between established media, including major record labels and motion picture studios, and upstart internet companies such as MP3.com and Napster.In this book, I question whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society? My critique exposes the 1998 copyright law as an incoherent patchwork. I argues for reforms that reflect the way people actually behave in their daily digital interactions.The Maize Books edition includes both an afterword written in 2006 exploring the rise of peer-to-peer file sharing and a new Postscript reflecting on the consequences of the Digital Millennium Copyright Act as it nears its twentieth birthday.

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