nt. On the other hand, these new cases may merely be clarifying the outer limits of the defence that were implicit, if not explicit, in CBS and Amstrad.
Computer program issues Copying - In terms of Section 17(1) of the 1988 Act, copying is reproducing a work in a material form including storage by electronic means. S 17 (6) also includes transient or incidental copies, but see the new Directive discussed below. Section 16(3) provides that copying applies in relation to a substantial part or whole of a work. Copying may be indirect as for example where someone studies a program, carefully notes the screen displays and identifies the structure of the original program and then makes a similar program. This is a particular problem with computer programs and is known as ‘non-literal’ copying. Adapting This includes the making of a translation which in the context of computer programs includes translating from one computer language or code into another (s. 21(4)). Adapting may take place in relation to computer programs by compiling, interpreting, assembling or disassembling. The Copyright (Computer Programs) Regulations 1992 introduced new sections into the 1988 Act allowing certain acts. These are: S. 50 A ¾the making of a back up copy by a lawful user if necessary for that lawful use. The right to adapt or copy to fix bugs can be expressly prohibited. Section 50BA Observing, studying and testing of computer prog英语论文网 【http://www.51lunwen.org】rams
(1) It is not an infringement of copyright for a lawful user of a copy of a computer program to observe, study or test the functioning of the program in order to determine the ideas and principles which underlie any element of the program if he does so while performing any of the acts of loading, displaying, running, transmitting or storing the program which he is entitled to do. (2) Where an act is permitted under this section, it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act. S. 50 B - a lawful user may decompile a program to obtain the information necessary to create an interoperable/compatible program, This may involve converting the language of a program and by so doing copying it. S. 50 C - an authorised user may copy or adapt a program for the purpose of correcting errors in it. By s. 296A the first two permitted acts may not be prohibited or restricted by any term or condition in any agreement or licence, but the last one may. Section 296(1) of the 1988 Act provides for a civil action for the copyright holder against circumvention of technical devices applicable to a computer program. In terms of copyright for software products, many violations occur at the developmental stage. In the case of Ibcos Computers v. Barclays Mercantile Highland Finance an employee had worked on the development of a software package for agricultural dealers. He
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