Computer Programs Directive Flashcards
MSs shall protect computer programs by _________, as_________ _________, within the meaning of the _________ ________.
copyright; literary works; Berne Convention.
2009/24/EC
Computer Programs Directive
Comp. Programs Directive protects ________, not ________ and _________ which underlie a computer program
expression; ideas; principles
A computer program shall be protected if it is _________ in the sense that it is the __________ own _________ creation.
original; author’s; intellectual
What is a computer program?
No definition given by Directive.
OWNERSHIP: Determined by _________ _________.
AUTHORSHIP: natural person or _________ of natural persons who has created the program or legal persons designated as right holders.
Member States; group
_________ rights are not granted in Comp. Programs Directive.
Moral
_________ threshold is LOW.
Originality
What areas under the Comp. Programs Dir. are left to the MSs? (there are 3)
a. enforcement remedies
b. seizure
c. ownership
Exclusive Rights:
a. permanent or __________ reproduction
b. translation, _________, arrangement and any other ________
c. distribution, including ________
d. possession and putting into _________ of infringing copies
e. “Beta Versions”of TPM/DRM
a. temporary
b. adaptation; alteration
c. rental
d. circulation
Comp. Prog. Dir. enforcement remedies…
MSs must take measures against the: (there are 3 answers)
a. putting into circulation an infringing copy of a comp. prog.
b. possession of a copy of a program for commercial purposes
c. putting into circulation, for commercial purposes, any means the sole intended purpose of which is to facilitate the unauthorized removal or circumvention of any technical protection device
* MSs must seize infringing copies
Case: SAS v. World Programming:
(1) this case defines the ___(a)___ of copyright protection for computer programs.
(2) summarize the main findings of this case:
- Since World Programming did not have access to SASs ___(b)___ code, this claim was based on ___(c)___ only. CJEU ruled that functionality, ___(d)___ language and format of ___(e)___ files are not protected b copyright.
(a) scope
(b) source
(c) functionality
(d) programming
(e) data
Attempts to define a computer program (definition is not given by Directive):
(a) a computer program is a set of ________ which clearly specify the way to carry out a specific task
(b) TRIPS Art. 10: can be in either source or _______ code/ WCT Art. 4: whatever may be the mode or form of expression
(a) instructions
(b) object
Reverse engineering (or decompilation) - a limitation to the computer programs right:
(a) What is reverse engineering: the process by which the _______ code is translated into a ________.
(b) reverse engineering is allowed if translation of the code is _______ to obtain information necessary for interoperability of independently created programs
(c) the reverse engineering must be performed by a _______ or other person having the right to use the copy
(d) reverse engineering is allowed if the information necessary to achieve ________ has not already been previously available
(e) reverse engineering is allowed if the acts are confined to the parts of the _______ program which are necessary to achieve ineroperability
(a) object code; source code
(b) indispensable
(c) licensee
(d) interoperability
(e) original
What is the ‘principle of exhaustion’?
The principle of exhaustion is an established international legal doctrine. It provides that a copyright owner’s right to control copies of their work “exhausts” on its __(a)___ sale by the copyright owner or with their consent. The principle prevents the copyright owner’s right to ___(b)___ copies of their work from extending beyond the point at which they receive ___(c)___ remuneration for the copy. Further, it allows the purchaser to have control over their copy, including the right to resell it free from interference by the ___(d)___ owner.
(a) first
(b) control
(c) reasonable
(d) copyright
Exhaustion of distribution right:
The European Union (the EU) has further developed the principle of exhaustion, through InfoSoc Directive 2001/29/EC (Art.4) on the harmonization of certain aspects of copyright and related rights in the information society, and the Computer Programs Directive 2009/24/EC (Arts. 2 & 4) on the legal protection of computer programs which applied the principles of the InfoSoc Directive to computer programs, including games and software.
no questions, only information
Case: UsedSoft v. Oracle: (exhaustion of disribution of rights) -pt.1
Highlights differences between the Art. 4 of the InfoSoc Directive and Arts. 2 &4 of Comp. Prog. Directive:
mainly, the absence in the Comp. Prog. Directive of recitals 28 and 29 of the InfoSoc Directive.
-Recital 28 states that protection relates to works incorporated in a tangible article (e.g. a CD-ROM) and that first sale exhausts the right to control resale of that object in the EU.
-Recital 29 specifically states that exhaustion does not arise in relation to services and on-line services.
no questions, only information
Case: UsedSoft v. Oracle: (exhaustion of disribution of rights) -pt.2
CJEU Ruling:
- the existence of a transfer of ownership changes an act of 'communication to the public' into an act of \_\_\_(a)\_\_\_ - the rule of exhaustion concerns both \_\_\_(b)\_\_\_ and \_\_\_(c)\_\_\_ copies of a computer program - the on-line transmission method is the functional equivalent of the supply of a material medium
(a) distribution
(b) tangible
(c) intangible
Principle of exhaustion under the Comp. Prog. Dir.:
Art. 4(2) says: “ the first ___(a)___ of a copy of a program by the ___(b)___ or with his consent exhaust the ___(c)___ right within the Community of that copy, with the exception of the right to control the ___(d)___ of the program or copy.
The license is valid for an ___(e)___ term and allows a ___(f)___ use, in return for payment of a fee that give the copyright holder equitable ___(g)___
(a) sale
(b) rightholder
(c) distribution
(d) rental
(e) indefinite
(f) permanent
(g) remuneration
What is reverse engineering?
(a) source code: _______-readable form. which enables he programmer to study and develop the program (the means)
(b) object code: _______-readable form which orders the execution of specified instructions
(a) human
(b) computer
Exceptions and limitations:
- exhaustion of ___(a)___ right
- necessary uses to ___(b)___ the computer program and correct errors
- making of back-up copies by a lawful user
- observe, study or test the functioning of the program to determine the ideas and ___(c)___
- decompilation to permit interoperability (a.k.a., ___(d)___ engineering
(a) distribution
(b) run
(c) principles
(d) reverse
