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Exhaustion of Copyright in Computer Programs
Ondruš, Jan ; Dobřichovský, Tomáš (advisor) ; Holcová, Irena (referee)
(EN) The aim of this thesis is to provide an analysis of the principle of exhaustion of rights especially to computer programs in the comparative context of the legal regulation in the EU and US. The issue of exhaustion of rights to computer programs became a topical problem after the decision of the Court of Justice of the European Union (CJEU) in case UsedSoft v. Oracle, when the CJEU ruled that the principle of exhaustion of rights is applicable not only for sale of computer programs on tangible media such as CD/DVD, but also for distribution of computer programs in digital form via Internet. This decision, however, became widely criticized by legal experts, since CJEU accented rather economic arguments in favor of this principle than the European legal regulations and international conventions. Certain problematic aspects were also demonstrated in the decision of US court in case Capitol Records v. ReDigi, in which the court persuasively summarized legal and technical reasons why the principle of exhaustion of rights cannot be applicable for the sale of digital files distributed via Internet in the context of current legal regulation. In the first part of my theses, I deal with the term "computer program" as a subject matter of law, and as a subject of protection by copyright law. The second...
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Exhaustion of rights in the copyright, especially in relation to the computer programs
Suchomel, Jakub ; Dobřichovský, Tomáš (advisor) ; Wünschová Pujmanová, Alexandra (referee)
The purpose of this thesis is to provide an overview of the development, concept and rules of the exhaustion doctrine on the international and EU level. The issue of the exhaustion doctrine and its application in a digital age became topical after the unexpected judgement of the CJEU in case UsedSoft v Oracle, in which was for the first time broken the conventional link between the exhaustion doctrine and the distribution of works in a tangible form. Although this decision has been widely criticized by legal experts, some thoughts of CJEU highlight imperfection of current legal regulation in a context of an internet age. The first chapter defines basic terms the intellectual property and the copyright including its historical evolution. The second chapter describes the origins of the exhaustion doctrine in the judicature of the national courts as a clue for balancing ownership and intellectual property rights. The extensive third chapter deals with formation of the exhaustion doctrine in judicature of the CJEU. Concrete cases are used to describe basic elements of the exhaustion doctrine. In the fourth chapter is a brief overview of the legal regulation concerning the exhaustion of copyright on the international, EU and Czech level. The next chapter describes an adaptation of the copyright to...
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