Relevant bibliographies by topics / Computer software / Law and legislation

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Computer software / Law and legislation'

Author: Grafiati
Published: 4 June 2021
Last updated: 7 February 2022

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Journal articles on the topic "Computer software / Law and legislation"

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Suslina, Irina, and Valeriya Tarasova. "Law Protection of Computer Programs in the State of Israel." Tirosh. Jewish, Slavic & Oriental Studies 18 (2018): 206–18. http://dx.doi.org/10.31168/2658-3380.2018.18.4.2.

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Nowadays IT sphere all over the world experiences rapid growth. This situation also refers to the State of Israel that is considered to be one of the leaders in IT-startups and IT sphere in all. The development of IT has a great influence on economy of Israel and its economic development. Application software is usually defined as a main unit in information technologies. Therefore, legal protection of software becomes one of the most important issues regarding IT sphere. Intellectual property law in Israel is mostly based on British intellectual property law. International legislation concerning intellectual property also influences Israeli IP law. As in the majority of countries, in Israel software is considered as an object of copyright law and it is protected in compliance with its provisions. Copyright law is regulated by the Copyright Act passed the Knesset in 2007. The term of protection granted by this Act shall be the life of the author and seventy years after his death. In accordance with the main principle of copyright law, software has been protected since the moment the software was created. That means that software in Israel does not subject to registration or any other procedure of its kind. It is also possible to register a logo and a unique name of software as a trademark, and this can become a substantial addition to the law protection.
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Leonov, Borys, and Valerii Serohin. "Issues of Legal and Expert Support of Law Enforcement Activities in the Field of Cybercrime Counteraction." Information Security of the Person, Society and State, no. 27 (2019): 6–15. http://dx.doi.org/10.51369/2707-7276-2019-3-1.

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The article is devoted to the analysis of the problems of legal and expert support of law enforcement activities in the field of cybercrime counteraction. The article deals with the issues of criminal and legal protection of information security in the context of the implementation of inter-national treaties into the field of national legislation. The authors both analyzed legislation in the field of cybersecurity provision; the modern doctrine devoted to its interpretation and made some suggestions for its improvement. Key words: cybersecurity, cybercrime, computer crime, harmful software, special software for secretly obtaining information.
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Borking, John. "Software copyright part II: The new German legislation." Computer Law & Security Review 2, no. 2 (July 1986): 6. http://dx.doi.org/10.1016/0267-3649(86)90060-9.

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Aryamov, A. A., and Yu V. Gracheva. "DIGITALIZATION: CRIMINAL LAW RISKS IN THE ECONOMY." Actual Problems of Russian Law, no. 6 (July 18, 2019): 108–16. http://dx.doi.org/10.17803/1994-1471.2019.103.6.108-116.

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Any industrial revolution not only opens up new opportunities for society and the state, but also endows criminals with previously non-existing methods and tools for committing crimes. Automation and production robotization, artificial intelligence, 3D printing, the creation of new materials and technologies (biotechnologies and information technologies), etc characterize the fourth industrial revolution. One of the objects of the criminal law protection under threat of harm due to digitalization is the economy (public relations arising from ensuring the normal functioning of the economy as a single national economic complex).At present, it is possible to distinguish such cyber threats for the economy as attacks on banks, on a broker, on a settlement system, embezzlement through Internet banking and some other actions carried out through the use of malicious programs. Their main purpose is misappropriation of other people’s property. The most common methods of embezzlement are the manual transfer of funds from the computer of the account owner through the remote access, automatic software upload, social engineering method, the use of an ransomware program, illegal use of the brand, etc.In the conditions of digitalization, the science of criminal law faces the task of developing a model for systematic updating of domestic criminal legislation, developing general rules and clear criteria for its implementation, rather than a spontaneous response to the immediate needs of a law enforcer by designing special cybercrime compounds.
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Akhtar, Zia. "Digital Technology, Internet Research and Benefits of a Virtual Library." International Journal of Legal Information 48, no. 3 (2020): 110–21. http://dx.doi.org/10.1017/jli.2020.30.

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AbstractThe search of legal precedence or stare decisis has always distinguished the lawyer who is in professional practice. The development of the internet has led to a greater dimension in this research and to an empirical approach to understanding the application of law. The academic lawyer has always needed access to the newest legislation and case law and the online search engines are of increasing relevance to accessing the virtual library. This is necessary to assimilate because of the impact of law and technology which is not just of relevance to find texts but also the process of artificial intelligence that is of utility in forms of inquiry. It includes portals that can be sourced online, Lexis and Westlaw which have available software packages that are available for lawyers. The issue is if the technology is moving at excessive speed or is the momentum of digital technology sustainable within the profession. This article argues that legal software provides the means for artificial intelligence in an increasingly specialist field and it is necessary for professionals to stay equipped with knowledge updates on computer terminals in order to enhance their research or lose out in the information supply chain.
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Milash, V. S. "OBJECTS OF INTERNET LEGAL RELATIONS IN CONDITIONS DIGITALIZATION OF ECONOMY." Economics and Law, no. 2 (September 9, 2021): 16–24. http://dx.doi.org/10.15407/econlaw.2021.02.016.

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The main trend of modern economic turnover and development is the global digitalization of all spheres and industries of the economy. For this reason new types of economic relations arise within their boundaries. The article examines the current situation and prospects for the development of legal regulation of Internet relations in the context of economic development. A number of problematic issues of the legal nature of individual objects of the economic rights that exist in a virtual (digital) format are analyzed. The issues of legal regulation of relations in the structure of which there is the so-called virtual element in a particular digital / virtual object are specifically analyzed. Special attention is paid to virtual assets, computer programs and software, artificial intelligence and the concept of the “Internet of Things”, etc. Emphasis is placed on the need for legislative consolidation of the concepts of virtual property and virtual objects, as well as objects with hybrid cyber-physical nature and their subsequent inclusion in the list of property in the economy of the business sector. Basic approaches to legal regulation of robotics based on artificial intelligence have been established. It is determined that the possibility of achieving a synergistic effect in the legal regulation of relations with virtual objects makes it necessary to make appropriate additions to the provisions of the Economic and Civil codes of Ukraine, as well as modernization of legislation in the field of intellectual property and innovation activities, investment legislation, legislation on property and property rights assessment, e-commerce, foreign economic activity on the Internet, protection of consumer rights of digital goods, etc. When adding and formulating these provisions into national legislation it should be taken into consideration the basis for international legal regulation of these issues submitted by acts of soft law, which are of a recommendatory nature. (These are the recommendations on artificial intelligence developed by the ETO-T Y.2060 (06/2012) Economic Telecommunication Organization “Overview of the Internet of things”).
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Dolganin, A. A. "Software Distribution in E-Form: the Problem of Choosing a Contractual Model." Lex Russica, no. 1 (January 19, 2021): 9–17. http://dx.doi.org/10.17803/1729-5920.2021.170.1.009-017.

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The paper is devoted to the analysis of peculiarities of legal support of distribution of “boxless” versions of foreign software distributed exclusively in e-form in Russia. In the conditions of digitalization of economic relations, a significant part of the difficulties, Russian software distributors face with, are associated with the imperfection of contractual work in companies rather than with the current legislation. The author highlights the specifics of contractual relations (their prerequisites and content) between the distributer (reseller) and right-holder (vendor) as factors influencing the choice of a contract concluded between the software distributor and purchaser, as well as availability or lack of a tangible (material) medium as an objective form of existence of computer software. The author elucidates such prerequisites for establishing contractual relationships as substantial inequality of negotiating positions, the predetermined choice of applicable law and transformation of classical distributor's perception. Regarding their content, contracts between the vendor and reseller are often characterized by an outright prohibition of sublicensing and the assignment of duties on the reseller to perform a whole set of actions. In turn, a fundamental lack of software versions on tangible media at the vendor calls into question the feasibility of concluding a contract between the reseller and the user of the contract of sale widely used in Russian contractual practice. The analysis of the whole set of these factors with due regard to the Russian law enforcement practice, allows us to draw a conclusion about the advantages of an intermediary model of distribution using the agency contract. This model is the least vulnerable in the context of intellectual rights infringement at all stages of distribution and provides appropriate expert support to the end user of the software.
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Zerov, Konstiantyn. "Copyright protection for computer programs." Theory and Practice of Intellectual Property, no. 6 (June 16, 2021): 5–14. http://dx.doi.org/10.33731/62020.233854.

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Zerov K. Copyright protection for computer programs. The article discusses the main approaches to the legal protection of software, particularly computer programs, in accordance with the current legislation of Ukraine and foreign practices. It is concluded that copyright allows to adequately protect the forms of expression of a computer program: object and source codes of the program. It is noted that a computer program shall be protected if it is original in the sense that it is the author's own intellectual creation, and no other criteria shall be applied to determine its eligibility for protection in Ukraine. Like any other copyright object, a computer program has «legally indifferent» and «legally significant» elements of the form of expression. The legally indifferent elements of a computer program should include a) elements dictated by the efficiency of a computer program; (b) elements that are dictated by external factors; and (c) elements that the original programmer had taken from the public domain. The main approaches to the use (copying) of the source or object code of computer programs as part of other computer programs are given: «literal copying» and «non-literal copying.» It is concluded that «non-literal copying» of a computer program cannot violate the copyright law in Ukraine since the ideas and principles on which any element of a computer program is based are not protected by copyright. It is assumed that the modification of a computer program by eliminating technical means of protection and further use of computer program gives grounds to qualify such actions as two separate types of copyright infringement: infringement of the copyright holder's property rights and deliberately circumventing technical means of copyright protection. It is noted that in some scenarios, theuse of works under the limitation of copyright without circumvention of technical means may be impossible. The proposal to legislatively provide for the possibility of a person who has the right to freely use work to contact the copyright holder with a request to remove technical means solely for such use, as well as cases of permissible circumvention of technical means, has been made.Keywords: computer program, copyright, literal copying, non-literal copying
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Klynina, Tetiana. "Rogers Act 1924: establishment of a professional USA Foreign Service." American History & Politics Scientific edition, no. 10 (2020): 35–42. http://dx.doi.org/10.17721/2521-1706.2020.10.3.

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The article is devoted to the analysis of the formation of the legal framework that made possible the existence and functioning of the US foreign service. The purpose of the article is to clarify the preface and the course of formation of the professional foreign service of the United States, which was reflected in the adoption of the Rogers Act. The methodological basis of the study. The study was based on the principle of historicism, which contributed to the consideration of the phenomenon under study in its development and made it possible to identify periods in the formation of a professional diplomatic service. The use of the problem-chronological method contributed to the preservation of the historical heredity and integrity of the picture; the application of the comparative method made it possible to identify significant changes that occurred after the adoption of Rogers’ Law, which was considered through the use of the method of analysis. A historiographical description of the main scientific works devoted to the research topic is given. Analyzed works A. Evans, T. Lay, I. Stewart etc., which became the basis for the study. The scientific novelty lies in the systematization of ideas about qualitative and quantitative changes in the diplomatic service after the adoption of the relevant law. The author concludes that before the adoption of the Rogers Act there was no control over the selection of diplomatic and consular staff and the negative consequences of such a decision were especially evident during the First World War. Therefore, the historical conditions in which America found itself at that time became a challenge for the continued existence of the consular and diplomatic services, and therefore the issue of restructuring and modernization of these services in the United States and its transfer to another, qualitatively new level. In general, the author emphasizes the change in the status of foreign service, which was introduced by relevant legislation, namely the Rogers Act, the need for which was caused by certain historical conditions of the American state and its place on the world stage. Prior to the enactment of the Diplomatic Service Act, there was virtually no control over the selection of diplomatic and consular personnel representing the United States on the world stage. After the First World War, it became clear that the diplomatic service needed to be restructured. That is why Rogers’ law was passed, which, in fact, was the first legislative attempt to resolve this issue.
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Shine Thompson, Mary, and Ann-Katrin Lena Svaerd. "Unintended consequences of special-needs law in Ireland and Sweden." Kybernetes 48, no. 2 (February 4, 2019): 333–47. http://dx.doi.org/10.1108/k-06-2018-0307.

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Purpose This paper aims to trace parallels in the unintended consequences of interpretations of special-needs law in Ireland and Sweden. Design/methodology/approach The paper is conceptual, based on Irish and Swedish legal reports, studies and national planning documents on supports for people with disabilities. It begins by discussing unintended consequences, and then analyses the Irish court decision in Sinnott v. Minister for Education (2001), which stated that the State’s obligation to provide for education for people with special education needs (SENs) ceases when they reach 18 years. It considers how economic considerations influenced that decision. The focus then diverts to Sweden’s human rights culture and the 1994 legislation, LSS (Sweden’s Act Concerning Support and Services for Persons with Certain Functional Impairments), which enshrines equality and support for people with disabilities, including personal assistance (PA). Cost-saving restrictions on PA allowances are discussed. Findings While the Irish State enacted a law on education rights following the Sinnott case the Education for Persons with Special Educational Needs Act (2004), or EPSEN (2004), it restricts those rights, and sections remain uncommenced. The case may have exhausted litigation as a remedy for people with SENs. In Sweden, austerity diluted the impact of LSS, leading to reduced entitlements and intrusions on privacy. It allowed legal discourse to dominate discussion. Families were negatively affected. In both countries, human rights may have suffered. Identifying which consequences of the legal actions were unintended, and which party did not intend them, can be problematic. Practical implications The paper concludes that the courts limited entitlement to the detriment of people with disabilities, and that caution must be exercised in having recourse to law courts in settling entitlements. Originality/value The paper is an original analysis of unintended consequences of legal interventions in special-needs policy. It illustrates difficulties in matching visions and systemic requirements in legal and the educational domains.
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Dissertations / Theses on the topic "Computer software / Law and legislation"

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Nichols, Kenneth Nolan. "Technical-legal aspects of software patents." CSUSB ScholarWorks, 1996. https://scholarworks.lib.csusb.edu/etd-project/1249.

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Karjiker, Sadulla. "Open-source software and the rationale for copyright protection of computer programs." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80044.

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Thesis (LLD)--Stellenbosch University, 2013.
ENGLISH ABSTRACT: The rationale for the legal protection of copyright works is based on the perceived need to encourage the creation of works which are considered to be socially beneficial. By awarding authors proprietary rights in their creations, copyright law allows authors the ability to earn direct financial returns from their efforts, and, thus, copyright law provides the required incentives for authors to create copyright works. Since the early days of commercial software development, copyright protection has been extended to computer programs; thus, by providing such protection it was assumed that their production should be encouraged, and that without such protection they will not be produced to the extent required by society. Comparatively recently, we have witnessed large-scale production of open-source software, which is licensed on generous terms, giving users the right to freely use, modify and redistribute such software. By adopting such licensing terms, the authors of open-source software are unable to charge licensees a fee for permission to use their software, which is the reward which copyright assumes authors seek to create such software. This development has made it necessary to re-evaluate the rationale for copyright protection of computer programs, and determine whether the continued protection of computer programs is justifiable. This study seeks to first establish a coherent theoretical justification for copyright protection, which it is submitted should be an economic justification, rather than a moral justification. The legal analysis in this work seeks to establish whether the copyright protection of computer programs is consistent with the economic justification for copyright protection. In particular, the analysis focuses on the current scope of copyright protection, and seeks to establish whether such protection is excessive, stifling creativity and innovation, and, thus, imposing too high a social cost. It is contended that copyright doctrine has generally sought to minimise these costs, and that current scope of copyright protection of computer programs leaves enough creative room for the production of new software. Despite the fact that the effect of open-source software licences is that authors are unable to earn the direct financial rewards which copyright enables authors to earn as an incentive to create such software, their authors continue to have financial incentives to create such software. Commercial firms who invest in open-source software do so because they seek to provide financially-rewarding related services in respect of software, or because it serves to promote sales in their complementary products. Similarly, the participation of individual computer programmers is largely consistent with the standard economic theories relating to labour markets and the private provision of public goods. Individuals are principally motivated by economic motives, such as career concerns. Copyright protection gives participants the choice to opt for the direct financial rewards which its proprietary protection enables, or the more indirect financial rewards of open-source software development. It is submitted within this research that rather than undermining the rationale for copyright protection of computer programs, the development of open-source software has illustrated that copyright protection allows for the emergence of alternative business models, which may be more economically advantageous to authors.
AFRIKAANSE OPSOMMING: Die rasionaal agter outeursregbeskerming wat deur die reg verleen word is gebasseer op 'n behoefte om die skepping van werke wat sosiaal voordelig geag word te bevorder. Outeursreg verleen aan outeurs direkte finansiële vergoeding vir hul inspanning deur die vestiging van eiendomsreg oor hul werke. Dus, outeursreg voorsien outeurs van die nodige insentiewe om sulke werke te skep. Sedert die begindae van kommersiële sagteware ontwikkeling, is outeursregbeskerming uitgebrei om aan rekenaarprogramme sulke beskerming te bied. Deur die bied van outeursregbeskerming word daar aangeneem dat die ontwikkeling van rekenaarprogramme aangemoedig word en dat sonder die genoemde beskerming programme nie geproduseer sal word tot in 'n mate benodig deur die samelewing nie. Onlangs egter, is daar 'n grootskaalse ontwikkeling van oopbronsagteware opgemerk. Hierdie sagteware word onder ruime terme gelisensieer en gee aan gebruikers die reg om die genoemde sagteware te gebruik, te wysig en vrylik te versprei. Deur sulke terme van lisensiëring aan te neem word outeurs verhoed om vanaf lisensiehouers 'n fooi te vorder vir die toestemming om die sagteware te gebruik. Outeursreg neem aan dat hierdie vergoeding die basis vorm waarom outeurs sulke sagteware ontwikkel. Hierdie ontwikkeling maak dit nodig om die rasionaal agter outeursregbeskerming van rekenaarprogramme te her-evalueer en ook om vas te stel of die volgehoue beskerming van rekenaarprogramme regverdigbaar is. Hierdie studie poog om, eerstens, 'n samehangende teoretiese regverdiging vir outeursreg te vestig. Daar word aan die hand gedoen dat hierdie beskerming 'n ekonomiese, eerder as 'n morele regverdiging as grondslag moet hê. Die regsontleding vervat in hierdie werk poog om vas te stel of die outeursregbeskerming wat aan rekenaarprogramme verleen word in lyn is met die ekonomiese regverdiging van outeursregbeskerming. Die analise fokus in besonder op die huidige bestek van outeursregbeskerming en poog om vas te stel of sodanige beskerming oormatig is, of dit kreatiwiteit en innovasie onderdruk en derhalwe te hoë sosiale koste tot gevolg het. Daar word geargumenteer dat outeursreg in die algemeen poog om sosiale koste te verlaag en dat die huidige omvang van outeursregbeskerming van rekenaarprogramme voldoende kreatiewe ruimte vir die ontwikkeling van nuwe sagteware laat. Die effek van oopbronsagteware is dat outeurs nie in staat is om direkte finansiële vergoeding te verdien, wat as insentief gesien word vir die ontwikkeling van sagteware, nie. Ten spyte hiervan is daar steeds voldoende finansiële insentiewe om sodanige sagteware te ontwikkel. Kommersiële firmas belê in oopbronsagteware om finansiëel lonende verwante dienste ten opsigte van sagteware te voorsien. Dit kan ook dien om verkope in hul onderskeie aanvullende produkte te bevorder. Eweweens is die deelname van individuele rekenaarprogrameerders oorwegend in lyn met die standaard ekonomiese teoriëe ten opsigte van die arbeidsmark en die privaat voorsiening van openbare goedere. Individue word gemotiveer deur ekonomiese motiewe, soos byvoorbeeld oorwegings wat verband hou met hul loopbane. Outeursregbeskerming bied aan deelnemers die keuse om voordeel te trek uit die direkte finansiële vergoeding wat moontlik gemaak word deur outeursregbeskerming of uit die meer indirekte finansiële vergoeding gebied deur die ontwikkeling van oopbronsagteware. In hierdie navorsing word daar geargumenteer dat die ontwikkeling van oopbronsagteware geillustreer het dat outeursregbeskerming die onstaan van alternatiewe besigheidsmodelle toelaat wat ekonomies meer voordelig is vir outeurs in plaas daarvan dat dit die rasionaal vir die outeursregbeskerming van rekenaarprogramme ondermyn.
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Bac, Joanna Ewa. "Software intelligence (SI), dependent legal personhood & SI-human amalgamation : an evolutionary step for US patent law and SI." Thesis, University of Aberdeen, 2018. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=237873.

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This doctoral thesis addresses the question of why and how the United States of America (US) legal system should grant legal personhood to software intelligence (SI). This new legal status of SI is visualised as a dependent type of person. The SI dependent legal person would be determined by an inextricable connection between SI and a new type of corporate body, introduced here as SI-Human Amalgamation (SIHA). SI has been defined as one or more computer programmes with an ability to create work that is unforeseen by humans. This includes SI capacity to generate unforeseen innovations, patentable inventions and/or infringe the rights of other patent holders. At present, SI is an entity unrecognised by law. The fact that SI is neither a natural nor a legal person indicates that it cannot be considered the rights' owner or liability bearer. This in turn creates tensions both in society and legal systems because questions, such as, who should hold those rights or be liable for autonomous acts of SI, remain unanswered. It is argued that the SI dependent legal person and SIHA, are necessary to address the new challenges introduced by SI. SI and SIHA, their creativity and actions would be distinct from those performed by human beings involved in the creation of this amalgamation, such as SI's operators or programmers. As such, this structure would constitute an amalgamation based on human beings and SI cooperation (SIHA). SI, as a dependent legal person, would hold the patents rights to its own inventions thus ensuring favourable conditions for the incentives of the US patent system. In addition, the proposed legal framework with the use of legislative instruments could address any liability concerns arising from the foreseen and unforeseen actions, omissions and failure to act of SI.
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Hodge, Dominic Shaughn. "The income tax consequences of the in-house development of software." Thesis, Rhodes University, 2014. http://hdl.handle.net/10962/d1013550.

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The objective of this thesis was to explore the nature of expenditure incurred on the internal development of software and its treatment in terms of the accounting and taxation frameworks to which it is subject. In fulfilling the primary objective the thesis had a number of subsidiary considerations. These included, firstly, a brief analysis of the approach of the software industry in South Africa to the taxation treatment of this type of software. The second consideration was a discussion and analysis of the taxation framework which differentiates between capital and revenue and the extent to which the receipts produced by internally developed software may be informative of the nature of the expenditure. The third was an analysis of the deductibility of expenditure incurred in the production of software with the fourth analysing the tests employed in the determination of whether expenditure is capital or revenue in nature. The fifth objective was to briefly analyse the accounting standards which find application in the determination of whether or not the software created can be considered a capital asset. The final subsidiary objective of the thesis was an analysis of the taxation framework applicable to software in respect of research and development incentives, as well as the position in the United States of America. Throughout the thesis the most apparent commonality is that there exists a significant level of uncertainty as to the taxation treatment of software both in South Africa and in America. The research concludes by stating that such uncertainty is prejudicial to the interests of research and development in relation to software.
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Everett, Christopher E. "Fundamentals of software patent protection at a university." Master's thesis, Mississippi State : Mississippi State University, 2003. http://library.msstate.edu/etd/show.asp?etd=etd-01062003-174536.

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Forsyth, Guy, and N/A. "A minimalist sui generis legislative proposal for the application of common law principles to the protection of computer software." University of Canberra. Law, 1998. http://erl.canberra.edu.au./public/adt-AUC20090714.142532.

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This thesis examines the development of copyright and patent protection in the United States, United Kingdom and Australia and proposes that intellectual property is not the correct mechanism for protecting computer software. Both copyright and patent protection are evaluated in relation to their application to protecting the various elements of software. The increased desire for patent protection of software in the United States has recently impacted the debate over the correct regime for intellectual property protection. There has also been a corresponding restriction in the application of copyright protection by the courts. Combined with an undercurrent of sui generis software legislation being advocated by academia this has lead to the situation where there is continuing uncertainty over which method of protection should be provided for software. It will be shown that copyright is inadequate for the protection of computer software and that it does not address the correct element requiring protection. Patents, by corollary, provide protection that is excessive. The socio-economic effects of patent protection will be shown to demonstrate that it is not a worthy successor or adjunct to copyright. While copyright has attempted to protect one aspect (source code) patents have attempted to protect another (functionality). The thesis identifies the fundamental flaws in the protection offered by both regimes and proposes that they are equally unsuitable for the protection of software. Software will be shown to possess a diverse array of elements that are largely indivisible if adequate protection is to be provided. It is proposed that software be considered as a new form of property, referred to as Binary property, which covers informational and information processing entities. Further, the existing common law principles should be applied to the aspects that are at the heart of the intellectual property protection dilemma. In reality the elements requiring protection in software are activities that wrongfully duplicate a work or replicate it to create clones. It will be shown that the common law principles of theft, trespass, breach of contract and passing-off are suitable for protecting developers from these infringements. It will also be contended that any legislative intervention should be limited so that a certain degree of replication is allowable where there is a benefit to society through technological advancement or enhancement through standardisation. As such the application of common law principles are applied in a minimalist legalistic environment. The minimalist approach takes the position that there should be minimal legislative intervention in the computer industry. It proposes that there should be legislative intervention to enable the existing common law to take account of computer technology and provide for its continuing impact on society that will accelerate into the next millennium. It further shows that the continuing development of computer technology will outpace intellectual property necessitating the recognition of computer software as a unique form of new property in existing jurisprudence. The application of existing common law principles of property and the reduction in the monopolistic nature of intellectual property will not only benefit the highly dynamic and creative international computer industry but it will also be in the best interests of the Australian software development industry.
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Dogan, Fatih. "Patentrechtlicher Schutz von Computerprogrammen." Berlin wvb, Wiss. Verl, 2005. http://www.wvberlin.de/data/inhalt/dogan.htm.

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Louw, Sanelda. "Die belastingaftrekbaarheid van sagteware." Thesis, Stellenbosch : Stellenbosch University, 2004. http://hdl.handle.net/10019.1/20434.

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Thesis (MComm)--Stellenbosch University, 2004.
ENGLISH ABSTRACT: The aim of this study is to determine the applicability of the various South African Income Taxation Act sections on the deduction of software costs. A distinction is made between the various deduction sections in the Income Taxation Act that are applicable to software costs. By doing this an appropriate taxation deduction is recommended for the different types of software costs that the taxpayer incurs. Software assets and expenditure can be divided into various categories based on the acquisition agreement. The rights and assets that are obtained, differ for each category of software cost. In some instances a copyright is obtained and in other instances only a right of use is obtained. Furthermore the taxpayer receives intellectual property, an intangible asset, and/or a tangible asset. A literature study and an analysis of the different types of software costs and the four concerned Income Taxation Act sections serve as background for the consideration of the applicability of each specific deduction section in the Income Taxation Act on the various categories of software costs. By using the information obtained in the literature study and the analyses, a recommendation is made of the most applicable deduction article for each category of software cost.
AFRIKAANSE OPSOMMING: Hierdie studie het ten doel om die toepaslikheid van die verskillende Suid-Afrikaanse Inkomstebelastingwetsartikels, op die aftrekking van sagtewarekoste te bepaal. 'n Onderskeid word getref tussen die verskillende aftrekkingsartikels wat van toepassing is op sagtewarekoste in die Inkomstebelastingwet. Sodoende word 'n geskikte belastingaftrekking vir die verskillende tipes sagtewarekoste voorgestel wat deur elke belastingpligtige aangegaan word. Sagtewarebates of -uitgawes kan in verskillende kategoriee verdeel word na aanleiding van die verkrygingsooreenkoms wat aangegaan is. Die regte en bates wat verkry word verskil ten opsigte van elke kategorie sagtewarekoste. In sommige gevalle word 'n outeursreg verkry en in ander gevalle slegs 'n gebruiksreg. Verder kan of intellekuele eiendom, 'n ontasbare bate, en/of 'n tasbare bate verkry word. 'n Literatuurstudie en analise van die verskillende tipes sagtewarekoste en die vIer betrokke Inkomstebelastingwetsartikels dien as agtergrond vir die oorweging van die toepaslikheid van elke spesifieke aftrekkingsartikel in die Inkomstebelastingwet op die onderskeie kategoriee sagtewarekoste. Daama word die inligting wat bekom is in die literatuurstudie en analise gebruik om die mees toepaslike aftrekkingsartikel vir elke kategorieë sagtewarekoste voor te stel.
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Lundström, Justus, Jonas Widriksson, and Viktor Zaunders. "Changes in media consumption and file sharing : The impact of legislation and new digital media services." Thesis, Jönköping University, JIBS, Business Informatics, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-12534.

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In this study we investigate how the attitude and behaviour concerning illegal file shar-ing have changed among the young population in Sweden. The study will analyze the impact of the IPRED law that was introduced in April 2008 and new digital media ser-vices that have emerged in the last couple of years. It is also evaluated which of these have had the most impact on the attitude and behaviour of the selected population.

The main part of our research consists of a quantitative survey handed out to a sample population among high school students (ages 16-20) in Jönköping, Sweden. This pri-mary data is later compared to secondary data from a similar study that was done on the same demographics two years prior to this research in order to measure the change in behaviour and attitude. The previous study was conducted prior to the IPRED law im-plementation by one of the authors. We also used prior research within this subject and related fields to further understand and interpret our data.

What we have discovered through our research is that there has been a decrease in ille-gal file sharing, especially when considering music, however this decrease is much more an effect of the adopting of new media services then it can be attributed to the IPRED law. Furthermore, the attitudes towards file sharing have remained unchanged and a large number of young adults do not feel that file sharing should be illegal.

It is also concluded that good legal alternatives to file sharing have a large market po-tential if these services can fulfil consumers demand on availability and price. Addition-ally we have found that good legal alternatives are important if the public is to refrain from returning to their old file sharing habits once the initial scare from new legislation has worn off.

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Kacher, Benjamin Lawrence. "Commercial Computer Software License Rights in Defense Acquisition." Thesis, The George Washington University, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=1566105.

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The tremendous growth of the commercial software industry in the United States represents an excellent opportunity for the United States Department of Defense ("DoD") to acquire quality software products that will help the DoD achieve its missions. However, the DoD struggles to acquire commercial computer software ("CCS") and commercial computer software documentation ("CCSD") effectively because of the inconsistencies and contradictions found in its rules governing the acquisition of CCS and CCSD.

The DoD's rules governing the acquisition of CCS and CCSD appear simple on the surface and represent an admirable attempt to enable the DoD to more easily acquire CCS and CCSD in the commercial marketplace and to allow commercial vendors to sell their products to the DoD. However, these rules contain many unseen inconsistencies and problems and therefore lead to many areas of confusion and even contradiction.

The primary purpose of this paper is to find ways to help the DoD and CCS vendors work together more effectively, by explaining the DoD's rules governing acquisition of CCS and CCSD, explaining fourteen primary problem areas associated with the acquisition of CCS and CCSD and, finally, by exploring potential solutions to these problems.

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Books on the topic "Computer software / Law and legislation"

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Bainbridge, David I. Software copyright law. 2nd ed. London: Butterworths, 1994.

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Software copyright law. London: Pitman, 1992.

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Law and business of computer software. 2nd ed. [Eagan, MN]: Thomson/West, 2007.

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Kutten, L. J. Federal taxation of computer software. 2nd ed. Reno, NV: Software Taxation Institute, 1997.

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Kutten, L. J. Federal taxation of computer software. Wayne, PA: Kutish Publications, 1993.

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Open Source Software Law. Norwood, MA, USA: Artech House, 2003.

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McMahon, Michael J. Software and the law. Dublin: University College Dublin, 1994.

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Cooper, Frederick L. Law and the software marketer. Englewood Cliffs, N.J: Prentice-Hall, 1988.

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Koch, Frank A. Software-Recht. Berlin: Springer, 1991.

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Software in der Zwangsvollstreckung. Frankfurt am Main: P. Lang, 1994.

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Book chapters on the topic "Computer software / Law and legislation"

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Nagel, Stuart S. "Computer-aided Law Decisions." In Applications of Decision-Aiding Software, 104–28. London: Palgrave Macmillan UK, 1992. http://dx.doi.org/10.1007/978-1-349-12498-5_8.

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Schmitt, Michael N. "Computer Network Attack: The Normative Software." In Yearbook of International Humanitarian Law, 53–85. The Hague: T.M.C. Asser Press, 2004. http://dx.doi.org/10.1007/978-90-6704-787-6_2.

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Bertelsen, Olav. "Fitts' law as a design artefact: A paradigm case of theory in software design." In Lecture Notes in Computer Science, 11–18. Berlin, Heidelberg: Springer Berlin Heidelberg, 1994. http://dx.doi.org/10.1007/3-540-58648-2_22.

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Fitzpatrick, Ronan, and Catherine Higgins. "Usable Software and Its Attributes: A Synthesis of Software Quality, European Community Law and Human-Computer Interaction." In People and Computers XIII, 3–21. London: Springer London, 1998. http://dx.doi.org/10.1007/978-1-4471-3605-7_1.

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See, Harold, and Rebecca Copeland. "Economic Incentives and Computer Software: A Comparative Analysis of Intellectual Property Law." In Economic, Industrial and Managerial Coordination between Japan and the USA, 274–304. London: Palgrave Macmillan UK, 1992. http://dx.doi.org/10.1007/978-1-349-22445-6_12.

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Alexandropoulou-Egyptiadou, Eugenia. "The Hellenic Framework for Computer Program Copyright Protection Following the Implementation of the Relative European Union Directives." In Investigating Cyber Law and Cyber Ethics, 280–87. IGI Global, 2012. http://dx.doi.org/10.4018/978-1-61350-132-0.ch014.

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The huge financial rewards that may be gained from software sales have resulted in computer piracy, an increasing worldwide phenomenon. This situation has posed a challenge to the legislator, who has imposed regulations concerning the protection of software, both at national and international level. The following chapter focuses on the presentation of the current Hellenic legal framework on computer program copyright protection following the implementation of the relative E.U. Directives (Law 2121/1993, as amended). The chapter consists of an introduction focusing on software piracy rates and on the international legal framework of the protection; there is a unit on the right holder, being the subject of software copyright protection; a unit on the field of the protection; a unit on the rights of the author (the moral right, the property right and the resulting powers thereof), focusing on the power of software reproduction and specific cases where the lawful user can carry out acts without the author’s consent; a unit on the consequences of copyright infringement (sanctions at civil, criminal, and administrative level); a unit on the duration of the protection; and finally concluding with final remarks and recommendations.
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Alexandropoulou-Egyptiadou, Eugenia. "The Hellenic Framework for Computer Program Copyright Protection Following the Implementation of the Relative European Union Directives." In Digital Rights Management, 738–45. IGI Global, 2013. http://dx.doi.org/10.4018/978-1-4666-2136-7.ch033.

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The huge financial rewards that may be gained from software sales have resulted in computer piracy, an increasing worldwide phenomenon. This situation has posed a challenge to the legislator, who has imposed regulations concerning the protection of software, both at national and international level. The following chapter focuses on the presentation of the current Hellenic legal framework on computer program copyright protection following the implementation of the relative E.U. Directives (Law 2121/1993, as amended). The chapter consists of an introduction focusing on software piracy rates and on the international legal framework of the protection; there is a unit on the right holder, being the subject of software copyright protection; a unit on the field of the protection; a unit on the rights of the author (the moral right, the property right and the resulting powers thereof), focusing on the power of software reproduction and specific cases where the lawful user can carry out acts without the author’s consent; a unit on the consequences of copyright infringement (sanctions at civil, criminal, and administrative level); a unit on the duration of the protection; and finally concluding with final remarks and recommendations.
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"Copyright and computer software." In Innovation, Policy and Law, 96–122. Cambridge University Press, 1993. http://dx.doi.org/10.1017/cbo9780511552304.005.

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Kolb, Arne. "Protection of Computer Software." In Law and the Internet. Bloomsbury Publishing Plc, 2009. http://dx.doi.org/10.5040/9781509955589.ch-010.

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Poulin, Daniel, Andrew Mowbray, and Pierre-Paul Lemyre. "Free Access to Law and Open Source Software." In Software Applications, 2803–11. IGI Global, 2009. http://dx.doi.org/10.4018/978-1-60566-060-8.ch164.

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Law consists of legislation, judicial decisions, and interpretative material. Public legal information means legal information produced by public bodies that have a duty to produce law and make it public. Such information includes the law itself (so-called primary materials) as well as various secondary (interpretative) public sources such as reports on preparatory work and law reform and resulting from boards of inquiry and available scholarly writing. The free access to law movement is a set of international projects that share a common vision to promote and facilitate open access to public legal information. The objectives of this chapter are to outline the free access to law movement, to set out the philosophies and principles behind this, and to discuss the role that open source software has played both in terms of its use and development.
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Conference papers on the topic "Computer software / Law and legislation"

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TROFIMOV, Egor, and Oleg METSKER. "Computer Techniques and Indicators in the Policy of Optimization of Legislation and Law Enforcement." In Proceedings of the International Conference Digital Age: Traditions, Modernity and Innovations (ICDATMI 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201212.012.

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Mandl, Peter, Pirmin Pezzei, David Veit, and Erich Leitgeb. "Selected health and law issues regarding mobile communications." In 2017 25th International Conference on Software, Telecommunications and Computer Networks (SoftCOM). IEEE, 2017. http://dx.doi.org/10.23919/softcom.2017.8115581.

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Fan, Yanhui, Hongguo Xu, and Zhen Dong. "Influence Law of Pedestrian's Head Throw Distance on Vehicle Body Surface." In 2008 International Conference on Computer Science and Software Engineering. IEEE, 2008. http://dx.doi.org/10.1109/csse.2008.1295.

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Puljiz, Z., and M. Mikuc. "A hierarchical approach to generating power law Internet-like topologies." In 2007 15th International Conference on Software, Telecommunications and Computer Networks. IEEE, 2007. http://dx.doi.org/10.1109/softcom.2007.4446097.

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Gumzej, Nina, and Drazen Dragicevic. "Cloud computing data protection aspects under Croatian and European union law." In 2014 22nd International Conference on Software, Telecommunications and Computer Networks (SoftCOM). IEEE, 2014. http://dx.doi.org/10.1109/softcom.2014.7039084.

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Boiadjiev, George, Ivan Chavdarov, and Lyubomira Miteva. "Dynamics of a Planar Redundant Robot Based on Energy Conservation Law and Graph Theory." In 2020 International Conference on Software, Telecommunications and Computer Networks (SoftCOM). IEEE, 2020. http://dx.doi.org/10.23919/softcom50211.2020.9238220.

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Yu, Guorui, Shibin Zhao, Chao Zhang, Zhiniang Peng, Yuandong Ni, and Xinhui Han. "Code is the (F)Law: Demystifying and Mitigating Blockchain Inconsistency Attacks Caused by Software Bugs." In IEEE INFOCOM 2021 - IEEE Conference on Computer Communications. IEEE, 2021. http://dx.doi.org/10.1109/infocom42981.2021.9488749.

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Yadu, Prakash Kumar, Usha Srinivasan, and Sreelal Sreedhar. "Validation Technique for on Board Safety Critical Control Law Software for an Aero Engine." In 2019 4th International Conference on Electrical, Electronics, Communication, Computer Technologies and Optimization Techniques (ICEECCOT). IEEE, 2019. http://dx.doi.org/10.1109/iceeccot46775.2019.9114604.

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Siegel, D. R. "Functional compatibility and the law: from the necessity of clean room development of computer software to the copyrightability of computer hardware." In COMPCON Spring 88. IEEE, 1988. http://dx.doi.org/10.1109/cmpcon.1988.4890.

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Lozano, Mayte, and Raquel Trillo-Lado. "Consolidation of a professional approach experience on motivating Computer Engineering students to the application of legal issues." In HEAd'16 - International Conference on Higher Education Advances. Valencia: Universitat Politècnica València, 2016. http://dx.doi.org/10.4995/head16.2016.2713.

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In previous courses, professors of the degree of ComputerScience and Software Engineering of the University of Zaragoza realised that students did not like studying materias related to Legislation and Information Systems. However, these topics are key when Computer Science and Software Engineers have to analyse, design, implement and mantain Information Systems in different environments such as enterprises, public entities, etc. because rights of users/clients of these systems must be guaranteed. So, a more appeling way to teach those topics to motivate the students to take them into account was designed.This paper describes the methodology and the main activities designed in the 2014/2015 and 2015/2016 courses in order to get the attention of the students on topics related to the current Spanish legislation and Information Systems. Moreover, some indicators about the performance of the students and their opinions about this new methodology are also described and analysed.
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