Book Review: Brian Kahin and Hal R. Varian (Eds.). Internet Publishing and Beyond: The Economics of Digital Information and Intellectual Property

2001 ◽  
Vol 14 (2) ◽  
pp. 129-132
Author(s):  
Eric P. Chiang
Author(s):  
Anatolii Kodynets ◽  
Arsen Murashko

Keywords: video game, intellectual property law, computer program, software, digitalinformation, electronic information, multimedia work, audiovisual work The article is devoted to thestudy of the legal understanding of video games as an object of intellectual propertyrights. The author concludes that video games constitute digital information, whichgreatly facilitates their development, however, complicates the protection of intellectualproperty rights. There is a contradictory connection between the concepts of«electronic (digital) information», «audiovisual work», «computer program» and «literarywork», which establishes some uncertainty in the protection of video games,namely, what should be understood by these concepts in terms of law.The author found that the use of the latest technologies to improve the visual componentbrings the video game even closer to the game audiovisual object, which increasesthe complexity of the process of protection of intellectual property rights. However, thecurrent situation with the use of the term «computer program» in the context of protectionof intellectual property rights to video games does not cover all features of the latter,covering only the main program among the software recording and operation of thegame, such as audiovisual content. Therefore, there is a need to use the generalized conceptof «software» as opposed to the narrower concept of «computer program». In thiscase, in the absence of at least one of the characteristics of the multimedia work, the computerprogram should be referred to the scope of legal regulation of software.The author proposed to understand the video game as object of intellectual propertylaw in the following manner: multimedia work expressed in the form of digital(electronic) information, the principle of which is determined by the algorithms of thesoftware provided for installation in the memory of computer devices.In general, the digital nature of video games presupposes a revision of existing approachesto the protection of intellectual property rights, which may be aimed atweakening the regulatory function of the law where it is possible to regulate the relationshipby more flexible means.


Author(s):  
A. N. Kirsanov ◽  
A. A. Popovich

Introduction. The use of technical means for copyright protection is regulated not only in Russian legislation, but also in foreign and international law. It means that the international concept of intellectual property protection could be perceived differently by foreign jurisdictions, which, in turn, is of special scientific interest. The foundations of legal regulation are laid down in international treaties, which in the intellectual property law are tools that contain substantive rules of law. The provisions of such treaties are implemented in the national (supranational) legislation, and, therefore, become part of them and subject to additions.. The article is devoted to the study of international legal regulation of the use of technical means for copyright protection.Materials and methods. The methodological basis of the research consists of the following general scientific and special methods of cognition of legal phenomena and processes: dialectical, formal-legal, comparative-legal, formal-logical, structural-functional.Results of the study. The authors found that attempts to protect copyright using technology available at every stage of history were undertaken by individual countries, beginning from the second half of the 19th century. However technical means of protection received legal regulation at the international level relatively recently, the prerequisite for that was the rapid development of digital information technologies. Analysis of international legal norms in the field of legal regulation of technical means of copyright protection has shown that at present international legal regulation is of a general nature, providing each of the states at the national level with ample opportunities for legal concretization of gen-eral norms. However, recently the Internet treaties of WIPO recognized for the first time not only the advisability of the use of technical means of protection, but also the obligation prohibiting circumvention of such protection technologies, and therefore national legislations should contain provisions regulating the circumvention of such protection technologies.Discussion and Conclusions. The introduction of international law with regard to the use of the protection technologies, despite their general and abstract nature, has given a serious impetus to the establishment of legal regulation of this institution at the national level. At the same time, the rules governing the use of the protection technologies in the near future will require greater unification and concretization due to the rapid development of digital information technologies, blurring the borders between states in terms of disseminating the results of intellectual activity, and also in order to avoid a multiplicity of interpretation of law and to ensure effective legal regulation and protection of copyright.


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