Sorry for I am so late, but I see there was no follow up to this message. I change the subject, it is more appropriate to me :-)
Il lun, 2002-05-06 alle 22:50, João Miguel Neves ha scritto:
On Seg, 2002-05-06 at 18:22, MJ Ray wrote:
goes far beyond that. Why? To copyright law, isn't software just another written work? We still need to say how software can be used and who can republish it.
No, to copyright law software is not just another written work.
In Europe, the Council Directive 91/250/EC on the legal protection of comuputer programs states (art. 1) that computer programs are protected al literary works within the meaning of the Berne Convention.
There are specific restrictions that only apply to software,
Absolutely true, but they are additional provisions, not *different* provisions.
like the prohibition of decompiling
Absolutely *wrong*. It's a whide spread mistake (what a pity). The same directive states: ------------------------- Art. 6. Decompilation. 1. the authorization of the rightholder shall not be required where the reproduction of the code and translation of its form [...] are indispensable to obtain the information necessary to achieve the interoperability [...] ------------------------
In EU Community, Decompiling is under restrictions, not prohibited. I hope the same applies to the rest of the world :-).
and the protection given to databases.
Databases are not software and are not "protected" by the same laws.
Some countries even go further than that, by not allowing circumvention of some technical protection measurements.
This are the very new development of copyright. :-(
Anyway, EUCD clearly states that the whole directive (2001/29/EC) does in no way affect the legal protection of *computer programs* (art. 1: scope). Furthermore, "whereas # 50" states that the legal protection of tech measures (provided in EUCD) should not apply to the protection of tech measures used in connection with computer programs, which is exclusively addressed in that Directive (91/250/EC). Also EUCD should neither inhibit nor prevent the development or use of any means of circumventing a tech measure that is necessary to enable acts to be undertaken in accordance with Art. 5 (exceptions to restricted acts) or Art. 6 (decompiling). [1]
It seems that in USA, with DMCA, the situation is a little bit different.
So no, software is not just another written work, nor in copyright law, nor in its own nature. -- João Miguel Neves
[1] I argue that, for example, DeCCs (please forget upper/lowercase) should be legal in Europe even with EUCD enacted. Where I am wrong!?!?