Software Law

What is "software law"

National and international "legal software" includes a wide variety of legal classification systems, Design- and enforcement issues. Usually means "software law" in connection with contracts, those over

  • Software development,
  • Software licensing and
  • Software maintenance / maintenance.

Are contracts for software – not least through the courts – often in a first step the classical areas of law such as commercial law, Contracts for work or Miet-/Pacht- "assigned" and leasing law. In detail this basic classification, however, was adapted by the supreme court constantly on the specifics of the software industry. This adaptation process is far from complete.

In addition to the purely contractual, play almost everyday component in particular the German Copyright (based on EU directives) with the peculiarities of the keywords "programmer" in the employment relationship, Decompilieren, Databases and many others of great importance. Due to the ease of preparation and distribution of software sometimes come flanking protection measures considered, also auch Patent- and brands- legal problems. Thus, although like software as such by the (German or European, but not American) Be exempt from patent protection; However, this does not prevent the authorities concerned in individual cases, To consider rights & granted.

Wie entsteht “Copyright” an Software

Since the intellectual property of software follows the Copyright, are comparable Broad, as in the Copyright (see there).

Can be used for custom software publicly available, standard license agreements

The existing standard software license agreements common to the provisions of the GPL – text in which also always – rules often from the perspective of different legal systems a variety of cases and see the essential core content of an individual software (Planning phase, Creation phase, Usage / maintenance phase, together with outstanding focal points such as "specification") not until.

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