Три взгляда на компьютерную программу: исходный текст, производное и служебное произведение
E-commerce and the digitalisation of business are giving intellectual property law an ever-greater role. Website regulation, databases, and especially computer software are driving the sector’s growth. This article is a compilation of what we consider to be important problems in computer software regulation. The problems may stem from legislation being insufficiently detailed, not corresponding to legal practice or coming into conflict with the technological factors behind the creation and operation of computer software. In this article we consider 1) the legal definition of a computer software and its source code; 2) legal protection of computer software; 3) regulation of software developed by employees. We will also focus on the source code as the main component of a computer software.
This paper does not claim to explore absolutely all problematic issues related to computer software: in particular, we do not consider the issues raised by unprotected elements in a computer program, alienation of computer programs, protection of audiovisual images generated by a program and indirect plagiarism of source code. We also do not consider the issues that have arisen in connection with the problems of computer software.