Computer Programs & Software

World Copyright Summit

June 10, 2009
Brand Names, Computer Programs & Software, Copyright ©, Domain Names, Intellectual Property News

The Second World Copyright Summit started its first session in Washington USA.

Calls for greater cooperation amongst all countries have been made to help crack down on copyright violations.

The advent of the Internet has sparked numerous copyright violations; mostly because many internet users think that something that is on the Internet must be free (this is according to Orrin Hatch a member of the US Senate).

Calls have been made for stricter action against piracy of music and videos with suggestions that the perpetrator should receive an email warning if downloading music or videos illegally, and then receive a final warning in letter format, after which the user’s internet account must be suspended for up to a year.

Internet users can expect stricter regulation in future to help prevent copyright violations which cause severe financial losses for musicians, writers, artists, and producers.

Contact Details for Smit & Van Wyk

Tel
+27 (0) 12 349 7800

Fax
+27 (0) 86 619 0493

E-mail
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Pretoria
0184
South Africa



Software Piracy – a global problem

April 2, 2009
Computer Programs & Software, Intellectual Property News

Although the consumer may feel that some software programs are just too expensive to purchase and thus rather opt for software piracy, it should be noted that software piracy doesn’t only steal from the original rights holder, but it also contributes to slower economic growth.

Job creation and tax revenue are two areas affected by software piracy.

In 2005, software piracy rates in South Africa were around 37%. The following constitutes software piracy – illegal copying, distribution, renting and selling of copies of the original without licenses and or written permission to do so.

As the developers of a product the original owners of the rights have the right to compensation for the usage, distribution or commercial exploitation of their products.

More articles about Software related Intellectual Property:

Software Copyright Protection

Software Patents

Copyright Infringement of Software is a Widespread Problem

Digital Freedom under the Spotlight

Can I obtain a patent for my software-related invention?

The scope of Copyright

Software Piracy

How to Copyright Computer Programs & Software



Software Copyright Protection

February 20, 2009
Computer Programs & Software, Copyright ©, Domain Names, Intellectual Property News

Many people mistakenly believe that software is protected by patent laws in South Africa. Software cannot be patented in South Africa, instead the law makes provision for software copyright protection. The following will qualify for software copyright protection:

  • Source code
  • On-screen lay-out
  • Character or animation that is part of a specific program

The above are the broad categories. The South African software copyright protection however, is not adequate to deal with the expansion in the industry.

The need for patenting rights regarding certain aspects of software programs is on the rise. The European law has been well developed regarding patenting rights for computer programs and provides clear guidelines as to the technical characteristics required for patentability of a computer program.

Since we are not there yet, and have no court history of interpretation regarding patentability of computer programs in South Africa, we still have to settle for the allowable software copyright protection that exists.

More articles about Software related Intellectual Property:

Software Copyright Protection

Software Patents

Copyright Infringement of Software is a Widespread Problem

Digital Freedom under the Spotlight

Can I obtain a patent for my software-related invention?

The scope of Copyright

Software Piracy

How to Copyright Computer Programs & Software



Some software terms explained – 5

October 29, 2008
Computer Programs & Software

A glossary of legal terms used in technology – part 5

TC: treacherous computing — A somewhat pejorative term used to describe the development of computer hardware in which the makers of software loaded on the computer have the right to prohibit the owner of the computer from using it in certain ways.
TC: trusted computing — A relatively neutral term used to describe the development of computer hardware in which the makers of software loaded on the computer have the right to prohibit the owner of the computer from using it in certain ways.
vendor lock-in — Condition where a person or organization has become dependent upon specific hardware and/or software, and where it would be impossible or prohibitively expensive to change to something else.
viral — A type of marketing where users of a product are encouraged to spread word of mouth advertising about the product. Also refers to videos published over the Internet.



Some software terms explained – 4

October 29, 2008
Computer Programs & Software

A glossary of legal terms used in technology – part 4

proprietary — Software which is property of a specific company for which the source code is usually not available for inspection by end users.
public domain — A work which is not subject to copyright.
source code — The exact specifications of a computer program.
shared source — A type of license where the source code of a proprietary program may be available to certain parties.
shareware – Software which a limited license to copy is granted for a short period to allow the end user to try it before purchasing.
shrink wrap contract – A license agreement which can only be read and accepted by the user after opening the product.