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Protecting Derivative Software - A Study of EU Copyright Law and Open-Source Licensing

Soortejie, Sarvenaz LU (2024) HARN63 20241
Department of Business Law
Abstract
Software applications are integral to various sectors, including manufacturing, commerce, transportation, healthcare, education, arts, and entertainment, with technological advancements, new applications continue to emerge, expanding the scope of software use. Open-source software (OSS) plays a crucial role in ensuring competition, promoting inclusiveness, and improving the digital environment, as supported by the European Commission. Moreover, it fosters macroeconomic benefits by preventing monopolies.

The purpose of this study is to describe and analyse the legal protection given to a computer program that was derived from the source code of another computer program by copyright under Directive 2009/24/EC on the legal protection of... (More)
Software applications are integral to various sectors, including manufacturing, commerce, transportation, healthcare, education, arts, and entertainment, with technological advancements, new applications continue to emerge, expanding the scope of software use. Open-source software (OSS) plays a crucial role in ensuring competition, promoting inclusiveness, and improving the digital environment, as supported by the European Commission. Moreover, it fosters macroeconomic benefits by preventing monopolies.

The purpose of this study is to describe and analyse the legal protection given to a computer program that was derived from the source code of another computer program by copyright under Directive 2009/24/EC on the legal protection of computer programs (Computer Program Directive). Firstly, this study aims to illustrate the rights of a derivative work creator in relation to the rightsholder of the original source code creator under the Computer Program Directive. Secondly, this study aims to clarify the impact that the use of a copyleft open-source software license, such as GNU General Public License has on the protection of derivative computer programs as well as the impact on the author’s rights in relation to the rights-holder(s) of the original source code program under the Computer Program Directive.

Article 1 of the Computer Programs Directive states that computer programs shall be protected under the Berne Convention if the criteria of originality is met, in the sense that it is the author’s own intellectual creation.

The use of a copyleft open source software license, like the GNU General Public License, impacts the first and second questions under EU law by enforcing the release of derivative software under terms that ensure access to the source code. The GPL, which is designed to safeguard freedom for software code, allows unrestricted copying and modification of the code but mandates that both copies and derivative works be distributed under the same license, without additional restrictions.

As a result, the Computer Program Directive, combined with the use of copyleft licenses, promotes innovation and collaboration in software development while protecting the rights of creators, on the other hand, it restricts the distribution rights of the author. (Less)
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author
Soortejie, Sarvenaz LU
supervisor
organization
course
HARN63 20241
year
type
H1 - Master's Degree (One Year)
subject
keywords
Copyright, Computer Programs Directive, Software, Open Source Software Licensing, Originality, Derivative Works.
language
English
id
9157304
date added to LUP
2024-06-04 10:26:21
date last changed
2024-06-04 10:26:21
@misc{9157304,
  abstract     = {{Software applications are integral to various sectors, including manufacturing, commerce, transportation, healthcare, education, arts, and entertainment, with technological advancements, new applications continue to emerge, expanding the scope of software use. Open-source software (OSS) plays a crucial role in ensuring competition, promoting inclusiveness, and improving the digital environment, as supported by the European Commission. Moreover, it fosters macroeconomic benefits by preventing monopolies.

The purpose of this study is to describe and analyse the legal protection given to a computer program that was derived from the source code of another computer program by copyright under Directive 2009/24/EC on the legal protection of computer programs (Computer Program Directive). Firstly, this study aims to illustrate the rights of a derivative work creator in relation to the rightsholder of the original source code creator under the Computer Program Directive. Secondly, this study aims to clarify the impact that the use of a copyleft open-source software license, such as GNU General Public License has on the protection of derivative computer programs as well as the impact on the author’s rights in relation to the rights-holder(s) of the original source code program under the Computer Program Directive.

Article 1 of the Computer Programs Directive states that computer programs shall be protected under the Berne Convention if the criteria of originality is met, in the sense that it is the author’s own intellectual creation.

The use of a copyleft open source software license, like the GNU General Public License, impacts the first and second questions under EU law by enforcing the release of derivative software under terms that ensure access to the source code. The GPL, which is designed to safeguard freedom for software code, allows unrestricted copying and modification of the code but mandates that both copies and derivative works be distributed under the same license, without additional restrictions.
 
As a result, the Computer Program Directive, combined with the use of copyleft licenses, promotes innovation and collaboration in software development while protecting the rights of creators, on the other hand, it restricts the distribution rights of the author.}},
  author       = {{Soortejie, Sarvenaz}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Protecting Derivative Software - A Study of EU Copyright Law and Open-Source Licensing}},
  year         = {{2024}},
}