Academic Journals Database
Disseminating quality controlled scientific knowledge

Interoperabilität von Software

Author(s): Wiebe, Andreas

Journal: JIPITEC : Journal of Intellectual Property, Information Technology and E-Commerce Law
ISSN 2190-3387

Volume: 2;
Issue: 2;
Start page: 89;
Date: 2011;
Original page

Keywords: Reverse engineering | decompilation | interoperability | copyright limitation | research | protection of ideas | know-how | interfaces | competition law

This article reviews Article 6 of theSoftware Directive and discusses the need for a revi-sion. Beyond clarification of the scope of the very lim-ited provision on reverse engineering, it seems thatthe introduction of the clause into copyright was un-fortunate. The indirect protection of ideas by prohib-iting reverse engineering is foreign to the copyrightconcept. Permitting reverse engineering altogetherwould promote research and development and fur-ther other goals like ICT security. Innovation wouldnot be retarded, which is the reason why US tradesecret law permits reverse engineering based alsoon economic arguments. The notions of compatibil-ity Article 6 tries to address are better dealt with byCompetition Law, which was demonstrated by theMicrosoft Decision of the European Court in 2007.

Tango Rapperswil
Tango Rapperswil

RPA Switzerland

RPA Switzerland

Robotic process automation