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Andreas Wiebe, Interoperabilität von Software Art. 6 der Computerprogramm-Richtlinie aus heutiger Sicht, 2 (2011) JIPITEC 89 para 1.

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%0 Journal Article
%T Interoperabilität von Software Art. 6 der Computerprogramm-Richtlinie aus heutiger Sicht
%A Wiebe, Andreas
%J JIPITEC
%D 2011
%V 2
%N 2
%@ 2190-3387
%F wiebe2011
%X This article reviews Article 6 of the Software Directive and discusses the need for a revision. Beyond clarification of the scope of the very limited provision on reverse engineering, it seems that the introduction of the clause into copyright was unfortunate. The indirect protection of ideas by prohibiting reverse engineering is foreign to the copyright concept. Permitting reverse engineering altogether would promote research and development and further other goals like ICT security. Innovation would not be retarded, which is the reason why US trade secret law permits reverse engineering based also on economic arguments. The notions of compatibility Article 6 tries to address are better dealt with by Competition Law, which was demonstrated by the Microsoft Decision of the European Court in 2007.
%L 340
%K competition law
%K copyright limitation
%K decompilation
%K interfaces
%K interoperability
%K know-how
%K protection of ideas
%K research
%K reverse engineering
%U http://nbn-resolving.de/urn:nbn:de:0009-29-30812
%P 89-96

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Bibtex

@Article{wiebe2011,
  author = 	"Wiebe, Andreas",
  title = 	"Interoperabilit{\"a}t von Software Art. 6 der Computerprogramm-Richtlinie aus heutiger Sicht",
  journal = 	"JIPITEC",
  year = 	"2011",
  volume = 	"2",
  number = 	"2",
  pages = 	"89--96",
  keywords = 	"competition law; copyright limitation; decompilation; interfaces; interoperability; know-how; protection of ideas; research; reverse engineering",
  abstract = 	"This article reviews Article 6 of the Software Directive and discusses the need for a revision. Beyond clarification of the scope of the very limited provision on reverse engineering, it seems that the introduction of the clause into copyright was unfortunate. The indirect protection of ideas by prohibiting reverse engineering is foreign to the copyright concept. Permitting reverse engineering altogether would promote research and development and further other goals like ICT security. Innovation would not be retarded, which is the reason why US trade secret law permits reverse engineering based also on economic arguments. The notions of compatibility Article 6 tries to address are better dealt with by Competition Law, which was demonstrated by the Microsoft Decision of the European Court in 2007.",
  issn = 	"2190-3387",
  url = 	"http://nbn-resolving.de/urn:nbn:de:0009-29-30812"
}

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RIS

TY  - JOUR
AU  - Wiebe, Andreas
PY  - 2011
DA  - 2011//
TI  - Interoperabilität von Software Art. 6 der Computerprogramm-Richtlinie aus heutiger Sicht
JO  - JIPITEC
SP  - 89
EP  - 96
VL  - 2
IS  - 2
KW  - competition law
KW  - copyright limitation
KW  - decompilation
KW  - interfaces
KW  - interoperability
KW  - know-how
KW  - protection of ideas
KW  - research
KW  - reverse engineering
AB  - This article reviews Article 6 of the Software Directive and discusses the need for a revision. Beyond clarification of the scope of the very limited provision on reverse engineering, it seems that the introduction of the clause into copyright was unfortunate. The indirect protection of ideas by prohibiting reverse engineering is foreign to the copyright concept. Permitting reverse engineering altogether would promote research and development and further other goals like ICT security. Innovation would not be retarded, which is the reason why US trade secret law permits reverse engineering based also on economic arguments. The notions of compatibility Article 6 tries to address are better dealt with by Competition Law, which was demonstrated by the Microsoft Decision of the European Court in 2007.
SN  - 2190-3387
UR  - http://nbn-resolving.de/urn:nbn:de:0009-29-30812
ID  - wiebe2011
ER  - 
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Wordbib

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<b:Pages>89-96</b:Pages>
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<b:Comments>This article reviews Article 6 of the Software Directive and discusses the need for a revision. Beyond clarification of the scope of the very limited provision on reverse engineering, it seems that the introduction of the clause into copyright was unfortunate. The indirect protection of ideas by prohibiting reverse engineering is foreign to the copyright concept. Permitting reverse engineering altogether would promote research and development and further other goals like ICT security. Innovation would not be retarded, which is the reason why US trade secret law permits reverse engineering based also on economic arguments. The notions of compatibility Article 6 tries to address are better dealt with by Competition Law, which was demonstrated by the Microsoft Decision of the European Court in 2007.</b:Comments>
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ISI

PT Journal
AU Wiebe, A
TI Interoperabilität von Software Art. 6 der Computerprogramm-Richtlinie aus heutiger Sicht
SO JIPITEC
PY 2011
BP 89
EP 96
VL 2
IS 2
DE competition law; copyright limitation; decompilation; interfaces; interoperability; know-how; protection of ideas; research; reverse engineering
AB This article reviews Article 6 of the Software Directive and discusses the need for a revision. Beyond clarification of the scope of the very limited provision on reverse engineering, it seems that the introduction of the clause into copyright was unfortunate. The indirect protection of ideas by prohibiting reverse engineering is foreign to the copyright concept. Permitting reverse engineering altogether would promote research and development and further other goals like ICT security. Innovation would not be retarded, which is the reason why US trade secret law permits reverse engineering based also on economic arguments. The notions of compatibility Article 6 tries to address are better dealt with by Competition Law, which was demonstrated by the Microsoft Decision of the European Court in 2007.
ER

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Mods

<mods>
  <titleInfo>
    <title>Interoperabilität von Software Art. 6 der Computerprogramm-Richtlinie aus heutiger Sicht</title>
  </titleInfo>
  <name type="personal">
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    <namePart type="given">Andreas</namePart>
  </name>
  <abstract>This article reviews Article 6 of the Software Directive and discusses the need for a revision. Beyond clarification of the scope of the very limited provision on reverse engineering, it seems that the introduction of the clause into copyright was unfortunate. The indirect protection of ideas by prohibiting reverse engineering is foreign to the copyright concept. Permitting reverse engineering altogether would promote research and development and further other goals like ICT security. Innovation would not be retarded, which is the reason why US trade secret law permits reverse engineering based also on economic arguments. The notions of compatibility Article 6 tries to address are better dealt with by Competition Law, which was demonstrated by the Microsoft Decision of the European Court in 2007.</abstract>
  <subject>
    <topic>competition law</topic>
    <topic>copyright limitation</topic>
    <topic>decompilation</topic>
    <topic>interfaces</topic>
    <topic>interoperability</topic>
    <topic>know-how</topic>
    <topic>protection of ideas</topic>
    <topic>research</topic>
    <topic>reverse engineering</topic>
  </subject>
  <classification authority="ddc">340</classification>
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  <identifier type="citekey">wiebe2011</identifier>
</mods>
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Full Metadata

JIPITEC – Journal of Intellectual Property, Information Technology and E-Commerce Law
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