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Copyright and patent protection of computer programs in the United States of America and in the Czech Republic - analysis and comparison
Stehlík, Petr ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
Copyright and patent protection of computer programs in the United States of America and in the Czech Republic - analysis and comparison Computer programs in their nature are specific objects which have great value in the current information age. The purpose and aim of this thesis is to conduct a detailed analysis of the two most important regimes of their legal protection - copyright and patent protection. I cover both of these topics in the context of the law of the United States of America (USA) first and then in relation to the law of the Czech Republic. In the chapters about copyright protection, I specifically describe the individual aspects of a computer program, such as source and object code, graphical user interface, structure and functions of a computer program and whether and under what conditions these aspects of a computer program are protected. After that I analyse the conditions of a computer program's protection in connection with patents. As to the law of the USA, the most important source of law are understandably decisions of local courts in which the form and conditions of both copyright and patent protection of computer programs are described in a detailed manner. In the chapters which concern legal protection of computer programs in the Czech Republic (specifically in...
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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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Copyright protection of software
Stehlík, Petr ; Holcová, Irena (advisor) ; Křesťanová, Veronika (referee)
The title of this diploma thesis: Copyright protection of computer programs The general purpose of this thesis is to describe the most important aspects of the legal protection of computer programs, particularly the aspects of copyright protection. In this thesis I describe the form in which a computer program is protected, the activities that are permitted by law in relation to a computer program and what activities constitute an unauthorised intereference with author's rights. In addition to the copyright regime I also briefly described patent protection of computer programs, since it recently was subject to heated discussions in Europe and we can anticipate further development in this matter in the future, especially with regard to the decision-making practice of the European Patent Office and possible legislative establishment of patent protection of software at EU level. I have analyzed the above mentioned aspects under the Czech law (in close relation to the law of EU) but also under the law of the USA. Therefore, another aim of this thesis was to compare the legal protection of software in the USA and in the Czech Republic (EU respectively). Finally, this thesis also describes the issue called "software piracy", i.e. illegal distribution and use of computer programs. More specifically, I...
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Working out of land adjustment supported by computers
VONDRÁKOVÁ, Eva
The target of my diploma thesis is to introduce a few particular programs, which enable the handling with land arrangement, furthermore is pointed out the comparison of their functionalities and their availability. The next substantial intention is to introduce the most appropriate procedures used for the projection of land arrangement. Last but not least, in this diploma thesis are described following programs: POZEM 7.95, TopoL 4.08, UR {--} Roupec 3.0, Printing manager for PC FAND 2.5 and Information KN 6.0. Here are also included and processed the basic theoretical knowledge about land arrangement, its historical development and furthermore the process of land arrangement with regard to the valid legislation. The graphical outputs from the particular programs, which are a part of the land arrangement proposal according to a legislation 122/2007, are attached. The outputs are several maps from the concrete land arrangement. As the optimal variation for the processing with the land arrangement I would recommend to use the program POZEM. This program is especially used at the land office as well as at the project offices, is regularly updated, has sufficient technical support and the form .dgn is commonly known. With regard to the fact, that the evidence of real estate register operates with a form .vfk, I would strongly recommend to use the program POZEM, because the programs Topol and UR-Roupec are not able to automatically convert any data in the form .vfk.
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