FSEK art.2/1-1: Computer programs are within the scope of copyright, regardless of the form of expression (source/object code).
Protected Elements
- Source code
- Object code (binary)
- Preparation phase materials (flow chart, documentation)
- Interface (GUI)
- Database structure
Unprotected Elements
- Algorithm (general logic)
- Business process
- Programming language
- Standard function
Ownership
- Developer (real person)
- In the employer-employee relationship, the employer is the financial beneficiary (contract). otherwise)
- Determined in the customer-developer agreement
Case of Violation
- Unauthorized duplication (use without license)
- Reverse engineering (limited)
- Open source license violation
- Software piracy
- Source code leakage
Criminal Liability (FSEK) art.71)
- 1-5 years imprisonment
- Commercial purpose → 2-6 years
- Judicial fine
Compensation
- Up to 3 times the license fee
- Pecuniary damage
- Destruction of infringing products/devices
Supreme Court 11. HD
11. HD adopts that determining the "commercial purpose" in software piracy is critical and that compensation should be paid to the copyright holder for personal use.
Software/intellectual property lawyer is recommended.