프로그램코드역분석 규정의 비교법적 분석

• 영문명: Comparative analysis of the provision for decompilation of computer programs -focusing on the EU Software Directive-
• 발행기관: 세창출판사
• 저자명: 안효질(Hyo-Jil Ahn)
• 간행물 정보: 『창작과 권리』2007년 여름호 (제47호), 79~108쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.06.01

영문 초록

Considering that the decompilation is a serious restriction to the computer program copyright and also very important to competitive program developers or program users, it is necessary to regulate it's requisites and permissible range in detail. On that point, the current Computer Program Protection Law seems to have a desirable attitude by legislatively suggesting permissible limits though insufficient. In the United States, the decompilation is treated as a kind of fair use and the requisites are concretized through development of judicial precedents. On the contrary, the EU had announced the Software Directive in 1991, and each member state has accepted it into their national law. The Software Directive permits the decompilation especially in case of development of interoperable computer programs. The current Computer Program Protection Law followed the example of the Software Directive. The decompilation provisions allow program users to approach informations that constitute the basis of other's program within a strictly limited range for maintaining the competition in the software market. If there isn't such a provision, on the one hand the copyright holder of a specific computer program may restrict the competition by interrupting appearances of other similar functioning programs, on the other hand he may monopolize a peripheral market related with auxiliary programs or devices. The decompilation provisions play a role that prohibits such restrictions on competition and promotes standardization. The purpose of the decompilation provisions is not solving legal problems related with the protection of computer programs or their use, but ensuring the competition in the software market. That is, such provisions belong to the realm of Antitrust Law. The current Computer Program Protection Law doesn't take a clear position, whether the decompilation for creating competitive programs is allowed or not, whether the decompilation for keeping interoperability with a hardware is allowed or not, and whether in case of a agreement of prohibiting decompilation the decompilation is a infringement of know-how or not. With reference to the Software Directive of the EU, it is desirable to enact a clear provision about these problems. In addition, it needs to approve the decompilation for the purpose of researching or testing ideas and academic theories included in computer programs besides keeping interoperability. Considering that the current Computer Program Protection Law provides exceptions to the right of integrity in Article 10, it is necessary to permit the decompilation in case of those exceptions in order to guarantee the effectiveness of that provision. The protection of know-how for the copyright holder is needed only if there exists a close trust relationship between both parties in case of such a custom-designed software. In other cases the decompilation should be permitted according to the provisions of the Computer Program Protection Law.

목차

Ⅰ. 서론

Ⅱ. 개념정의

Ⅲ. 프로그램코드역분석의 필요성

Ⅳ. 유럽연합의 소프트웨어지침

Ⅴ. 프로그램코드역분석에 대한 현행법의 내용 및 분석

Ⅵ. 코드역분석과 영업비밀의 보호

Ⅶ. 결론

참고문헌

Abstract

키워드

decompilation reverse engineering interoperability know-how compile decompile software directive