프로그램코드역분석에 관한 비교법적 고찰

• 영문명: Legal comparative study on the program reverse analysis
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 정진근(Jin-Keun Jeong)
• 간행물 정보: 『비교사법』比較私法 제13권 제2호, 521~559쪽, 전체 39쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.06.01

영문 초록

  The program reverse analysis(or program reverse engineering) means a series of processes that extract the source code from the object code by means of de-compilation, running or investigation. In these series of processes, we must copy the program, however, this is an infringement of the program copyright. Therefore, allowance of the reverse analysis is just the limit of program copyright.
  When we decide to admit the program reverse analysis, we should consider both the legal tradition and condition of computer program industry.
  In USA, reverse analysis are allowed case by case under the fair use doctrine. This system has the weak point as legal instability, but the strong point as we can find the reasonable result.
  European Union gives a definition of reverse analysis(de-compilation) under the clear provision and denies the validity of contract against the reverse analysis. This system helps the unification of various legal systems of EU members and gives the legal stability. Also, this system has the object to protect the computer program industry of EU against USA.
  Japan does not have the clear provision for reverse analysis, but most scholars are upholding the reverse analysis. However, in practice of computer program industry, they are using the contract that limits the reverse analysis and these practices are driving out the reverse analysis. This system in Japan is not reasonable because Japan is not the common law country and Japanese courts have denied adopting the fair use doctrine.
  Korea has the provision for reverse analysis like EU, but does not have a clear provision whether the contract against the reverse analysis is enforceable or not. This gives rise to some confusion of enforceability of contract against reverse analysis.
  In conclusion, the limit under contract is impossible. This conclusion should be applied in USA, EU, Japan and Korea in the same way because reverse analysis brings about very desirable results when we consider the object of intellectual property law, the influence on motive of an inventor and the characteristic of computer program together.

목차

Ⅰ. 머리말
Ⅱ. 프로그램역분석과 저작권법
Ⅲ. 역공정 관련 미국의 태도
Ⅳ. 역공정 관련 유럽연합의 태도
Ⅴ. 역공정 관련 일본의 태도
Ⅵ. 역분석 관련 한국의 태도
Ⅶ. 역분석의 허용범위와 입법 정책에 관한 제언
Ⅷ. 결론
[참고문헌]
【ABSTRACT】

키워드

프로그램역분석 역공정 역분석 디컴파일 공정사용의 원칙 Bowers사건 중간복제 program reverse analysis reverse engineering reverse analysis decompilation fair use doctrine Bowers v. Baystate intermediate copy