SOFTWARE AND THE LAW

Georgi Petrov Dec/07/2007

Outline

Why law is necessary Intellectual Property Rights Contracts Responsibilities Case Study

Why law is necessary

Free-rider ‘problem’ Case Study from Bulgaria Internet and international principles

Intellectual Property Rights

Market excludability Copyright & Patent Moral Rights Economic Rights The Berne Convention (‘literacy and

artistic works’ - 1886) GATT and TRIPS WIPO

The Berne Convention

Originally since 1886 focusing on the protection of ‘literary and artistic works’

Three basic principles of protection:1. The protection given an original work in one Berne

country must also be given that protection in all other Berne countries

2. Protection should be automatic and not contingent upon any formalities like marking the work as copyright with the special © symbol

3. The protection given in a Berne country should not depend upon that same protection existing in the country of origin

GATT and TRIPS

Stands for “General Agreement on Tariffs and Trade”

Established after WWII Currently known as WTO (World Trade

Organization) Hold meetings called ‘rounds’ in order to

reach agreements on areas of world trade TRIPS – ‘Trade-Related aspects of

Intellectual Property Rights’ is administered by WTO

WIPO

Stands for ‘World Intellectual Property Organization’

Act as a secretariat for major intellectual property conventions

Provide assistance about intellectual property rights

Contracts

Failure conditions Warranty Force majeur circumstances Letter of intent

Responsibilities

Data protection law Product Liability and Negligence Health and Safety

Office space, temperature, humidity and air quality of the working environment

EU – good practice into regulation!

Case Study – thepiratebay.org Lack of responsibility Fully legal Nothing more than computer users

intermediary

thepiratebay.org/legal

Thank you!

Q & A