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К вопросу о статусе программного обеспечения и искусственного интеллекта в гражданском праве России
The author notes that when discussing the problems of digital transformation of the economy and other social relations, it is necessary to take into account the protection of rights not only of information technology users, but also of software builders. However, the copyright law concept of computer software protection is currently suitable only for the protection of rights to a small range of software products and, in general, can be said to be practically obsolete. Patent law is suitable for protection of only that software which is a part of a technical (technological) solution. But the majority of modern software products are non-technical in nature. As a result, the main part of the software involved in the post-industrial economy has been ‘overboard’ of legal protection. In the case of artificial intelligence, the application of intellectual property rights is additionally complicated by the peculiarities of the principles of creation and functioning of neural networks.
The author concludes that it will be more and more difficult to continue attempts to squeeze software products into the procrustean bed of intellectual property law, which was born in the industrial world. The problem of legal protection of software is relevant for all countries of the world that have entered the era of digital economy. The author also notes that the development of new approaches to the protection of software (and AI) rights in the international context will open wide opportunities for competition in the IT solutions market and help overcome the monopoly of the largest international IT companies.