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Selected legal aspects of software interoperability
Sršeň, Vladimír ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
The thesis discusses legal aspects of software interoperability, which is one of the basic requirements for the functioning of ICT. The main aim of the thesis is to provide a critical analysis of selected legal issues regarding software interoperability from the perspective of Czech as well as European law. The thesis consists of introduction, four chapters and conclusion. The first chapter describes the technical as well as economic aspects of software interoperability and specifies the basic terms. The second chapter outlines copyright protection of software in general, including its rationale, emphasizing that software copyright is based on economic principles which distinguishes it from traditional copyright. The third chapter analyses copyright protection of software interfaces, which are the parts of the program that provide interoperability. With regards to the rationale of software copyright, the thesis analyses decisions of the Court of Justice of the European Union, mainly in cases C- 393/09 (Bezpečnostní softwarová asociace - Svaz softwarové ochrany v Ministerstvo kultury) and C-406/10 (SAS Institute Inc. v World Programming Ltd.). With regards to copyright protection of interfaces, the thesis emphasises the importance of distinguishing between interface specifications and...
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Selected legal aspects of software interoperability
Sršeň, Vladimír ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
The thesis discusses legal aspects of software interoperability, which is one of the basic requirements for the functioning of ICT. The main aim of the thesis is to provide a critical analysis of selected legal issues regarding software interoperability from the perspective of Czech as well as European law. The thesis consists of introduction, four chapters and conclusion. The first chapter describes the technical as well as economic aspects of software interoperability and specifies the basic terms. The second chapter outlines copyright protection of software in general, including its rationale, emphasizing that software copyright is based on economic principles which distinguishes it from traditional copyright. The third chapter analyses copyright protection of software interfaces, which are the parts of the program that provide interoperability. With regards to the rationale of software copyright, the thesis analyses decisions of the Court of Justice of the European Union, mainly in cases C- 393/09 (Bezpečnostní softwarová asociace - Svaz softwarové ochrany v Ministerstvo kultury) and C-406/10 (SAS Institute Inc. v World Programming Ltd.). With regards to copyright protection of interfaces, the thesis emphasises the importance of distinguishing between interface specifications and...
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Custom Software Development Agreement
Kábrt, Filip ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
Custom software development agreement is a very actual topic. Nowadays, the increasing demand for IT services puts greater demands on quality of legal services. Development of IT services in the Czech Republic also causes that more and more cases end up in court. One of important parts of IT services is the custom software development and the legal regulation of this phenomenon is the subject of this master's thesis. Custom software development agreement as a legal topic is a very specific topic, because it contains not only problematic issues from the field of law but also from more technical fields. To fully understand content of this work, it is necessary to have at least basic knowledge in the field of software development. Basic computer skills are then taken for granted. The topic of this thesis is very actual also because of the recodification of private law in the Czech Republic, which came into force during the elaboration of this thesis. Thesis will operate with the Czech law, because comparison with foreign legislation would require much larger scope of the paper, than the given one. This thesis aims to provide the most complex view of the custom software development agreement as possible, considering defined scope of this paper. Articles regarding this subject are mostly focused on the...
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