RIDA 241 | 07-2014

Doctrine

Interoperability and appropriation of software technologies

Philippe DAGOGNET

Code : 241-D1
Keywords :
Patent, abuse of a right, abuse of a dominant position, essential facilities, Abuse of a dominant position, Essential facilities, Interoperability, Database, Decompilation, HADOPI, Technological protection measure, software, computer program, Algorithm

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INTEROPERABILITY AND APPROPRIATION OF SOFTWARE TECHNOLOGIES

“Software is everywhere: in our computers, in servers, in mobile phones and other PDAs, in Internet routers and in the Internet itself of course”. 1 The information society is such that its components are all directly or indirectly based on a software element.

What the term software actually covers has changed significantly since the adoption of the Directive of 14 May 1991 which granted an identity to the computer programs underlying software. The growing complexity of the technological environment has resulted in a large increase in the elements involved in the creation of software, which itself has led to the development of autonomous software technologies.

This changing structure of digital creations, coupled with the grant of intellectual property rights to the creators of digital works and inventions, has

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