Bilgisayar programlarının hukuki korunması
Legal protection of computer programs
- Tez No: 64006
- Danışmanlar: DOÇ. DR. ZİYA AKINCI
- Tez Türü: Yüksek Lisans
- Konular: Hukuk, Law
- Anahtar Kelimeler: Bilgisayar programları, Bilgisayar yazılımları, Fikir ve Sanat Eserleri Kanunu, Hukuki denetim, Korunma, Özel Hukuk, Computer programs, Computer softwares, Intellectual and Artistic Work Law, Legal rewiew, Protection, Private Law
- Yıl: 1997
- Dil: Türkçe
- Üniversite: Dokuz Eylül Üniversitesi
- Enstitü: Sosyal Bilimler Enstitüsü
- Ana Bilim Dalı: Özel Hukuk Ana Bilim Dalı
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: Belirtilmemiş.
Özet
nı ABSTRACT In this thesis, the legal protection of computer programs following the amendment of Turkish Law of Intellectual and Artistic Works, in June 1995 has been studied. With this amendment not only Turkish legislation on computer software was harmonised with the EU Directive on the Legal Protection of Com puter Programs, the pressing need for a legislative guidance on the subject had also been met. With the understanding that USA is the first country in the world to pass a legislative motion on the subject, the works of prominent American jurists and lawyers of software law were tried to be exploited extensively. Some of the major American landmark cases have also been looked into. The topic was covered in four chapters. In the first chapter, following a brief introduction of some basic technical concepts, the different legal frameworks that had been considered for the protection of computer programs before copyright had been chosen, are examined. Various theories and opinions for and against protecting software under copyright law have also been probed into. In the second chapter related international agreements to which Turkey was a party were primarily looked into, and then Articles 2 and 6 of Turkish Law of Intellectual and Artistic Works were discussed. Since not only these but all of the clauses on computer programs in this Turkish law originate from the EU Direc tive, Articles thereto were almost always cross-referred throughout the whole the sis. " The problematic issues like the protection of non-literal elements of com puter programs, correction of program errors, interoperability and reverse engi neering are the highlighted topics of the third chapter. On the subject of copyright protection of the non-literal elements, Whelan v. Jaslow, Lotus v. Paperback, Computer Associates v. Altai and Lotus v. Borland cases were outlined.IV Software contracts, validity of the shrink-wrap licenses, civil and penal remedies against infringements and violations of copyrights are the topics of foutfh chapter. As the conclusion, the opinion that has been reached is that most of the contentious issues could have been avoided had sui generis legal protection been chosen for computer programs instead of copyright law. It is also been thought that because some of the stipulation of Turkish Law of Intellectual and Artistic Works can be misleading if due care is not given, comprehensive analysis should not be ignored in litigation and when drafting software contracts.
Özet (Çeviri)
nı ABSTRACT In this thesis, the legal protection of computer programs following the amendment of Turkish Law of Intellectual and Artistic Works, in June 1995 has been studied. With this amendment not only Turkish legislation on computer software was harmonised with the EU Directive on the Legal Protection of Com puter Programs, the pressing need for a legislative guidance on the subject had also been met. With the understanding that USA is the first country in the world to pass a legislative motion on the subject, the works of prominent American jurists and lawyers of software law were tried to be exploited extensively. Some of the major American landmark cases have also been looked into. The topic was covered in four chapters. In the first chapter, following a brief introduction of some basic technical concepts, the different legal frameworks that had been considered for the protection of computer programs before copyright had been chosen, are examined. Various theories and opinions for and against protecting software under copyright law have also been probed into. In the second chapter related international agreements to which Turkey was a party were primarily looked into, and then Articles 2 and 6 of Turkish Law of Intellectual and Artistic Works were discussed. Since not only these but all of the clauses on computer programs in this Turkish law originate from the EU Direc tive, Articles thereto were almost always cross-referred throughout the whole the sis. " The problematic issues like the protection of non-literal elements of com puter programs, correction of program errors, interoperability and reverse engi neering are the highlighted topics of the third chapter. On the subject of copyright protection of the non-literal elements, Whelan v. Jaslow, Lotus v. Paperback, Computer Associates v. Altai and Lotus v. Borland cases were outlined.IV Software contracts, validity of the shrink-wrap licenses, civil and penal remedies against infringements and violations of copyrights are the topics of foutfh chapter. As the conclusion, the opinion that has been reached is that most of the contentious issues could have been avoided had sui generis legal protection been chosen for computer programs instead of copyright law. It is also been thought that because some of the stipulation of Turkish Law of Intellectual and Artistic Works can be misleading if due care is not given, comprehensive analysis should not be ignored in litigation and when drafting software contracts.
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