Use this URL to cite or link to this record in EThOS: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.559222
Title: Software linking as alteration : framework for assessment under European copyright law
Author: Honkasalo, Pessi
Awarding Body: University of Surrey
Current Institution: University of Surrey
Date of Award: 2012
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Abstract:
There is considerable uncertainty as to the legal consequences of software linking, in other words incorporating one computer program by reference into another, in relation to copyright: The substantive argument made in this work is that, in the European Union, these claims would be most naturally assessed as alteration under Article 4(1) (b) of the Computer Programs Directive 2009/24, which provides that the exclusive rights of the right holder include the right to do or to authorise any alteration of a computer program. Such a proposition raises two issues. First is theoretical: Can the act of developing a computer program that makes calls to another program so as to utilise code contained therein constitute alteration in the sense that it would be an act of primary infringement? If so, the tort is complete before operation of the programs on the users' computer. Secondly, how, and according to which crite- ria, should software linking be assessed in practice? This thesis proposes a framework for the above in accordance with the copyright law of the EU. The methods used in the present study consist of doctrinal research calling on authorities and commentary from several jurisdictions in Europe and the United States. This involves legislation and legislative materials as well as case law of European and national courts, on which interpretations and systematisations build. The us provides valuable data with which to test the propositions, but this is not a comparative review; examination of foreign law is subservient to the doctrinal enquiry. The main conclusions set forth a logical test, consisting both of substance and of form, which proceeds from the existence of a protected work and a restricted act via a balancing stage of substantial similarity to possible defences. Instead of bright-line rules, the assessment must be based on more flexible legal standards.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.559222  DOI: Not available
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