BVV07K Software Law

Faculty of Law
Spring 2020
Extent and Intensity
0/2/0. 3 credit(s). Type of Completion: k (colloquium).
Teacher(s)
Mgr. Bc. Michal Koščík, Ph.D. (lecturer)
JUDr. Matěj Myška, Ph.D. (lecturer)
doc. JUDr. Radim Polčák, Ph.D. (lecturer)
Mgr. Dominika Collett (seminar tutor)
JUDr. Jan Zibner (seminar tutor)
Mgr. Veronika Žolnerčíková (seminar tutor)
JUDr. MgA. Jakub Míšek (assistant)
Mgr. Veronika Žolnerčíková (assistant)
Guaranteed by
JUDr. Matěj Myška, Ph.D.
Institute of Law and Technology - Faculty of Law
Contact Person: Tereza Buchalová
Supplier department: Institute of Law and Technology - Faculty of Law
Prerequisites
! OBOR ( PR ) && ! PROGRAM ( N - VS )
The subject has no formal prerequisites. It is however recommended to pass the subject Introduction to ICT Law I before enrolling this course.
Course Enrolment Limitations
The course is also offered to the students of the fields other than those the course is directly associated with.
The capacity limit for the course is 40 student(s).
Current registration and enrolment status: enrolled: 0/40, only registered: 0/40, only registered with preference (fields directly associated with the programme): 0/40
Fields of study the course is directly associated with
Course objectives
The subject is aimed at students of technical fields and informatics.
The main objective of the course is to gain practical orientation in the legal issues related to the creation of computer programs and their distribution. The course is divided into three modules:
I. Intellectual Property and Software
The aim of this module is to acquaint students with the protection of computer programs and other software elements.
II. Contractual obligations - distribution of software
The aim of this module is to acquaint students with the legal institutes used in the commercialization of software.
III. Liability, enforcement and public law regulation
The aim of the module is to acquaint students with the liability for intellectual property rights infringement, breach of contract, as well as with the intellectual property rights enforcement and selected public law aspects of the issue
Learning outcomes
After completing the course the student will:
- know, understand and be able to apply the relevant provisions of the Copyright Act to protect computer programs and databases;
- know and understand the rules applicable to licensing agreements and contracts with end-users of software;
- know and know how to properly apply free and open software licensing terms
- understand the issues of liability arising from the creation and distribution of software, as well as enforcement of the intellectual property rights and selected public law aspects of the issue
Syllabus
  • Part 1 - Copyright Protection
  • Introduction to Copyright Law, sources of legal regulation, basics of intellectual property, contract law Subject and scope of protection, General definition of author's work vs. computer program definition. Employee Works, Collective Works, European Software Protection, Protection of non-literary components of a computer program, Legal protection of databases Software patents
  • Part 2 - Software Distribution
  • Contract law - general contract rules, contracting skills, license agreement specifics, distance contracts, click-wrap, shink-wrap, brosewrap. The validity of the contract, Detailed arrangement of the license agreement the international element of the contract, the specifics of consumer contracts a) End User License Agreement - the usual structure and content, consumer rights, b) Software as and service, Cloud services, Service level agreement - legal and economic distribution model Free and Open Source Software Historical introduction, legal basis F/OSS, development and distribution of F/OSS, the most famous license (GNU GPL vX, MIT, BSD, Mozilla PL)
  • Part 3 - Liability, enforcement and public regulation
  • Liability for software defects, cloud services outage, loss and leakage of cloud application data, ISP liability Competition and antitrust aspects of software Enforcement of rights - enforcement of intellectual property rights, enforcement of software rights, private law claims, interim measures
Literature
    required literature
  • JANSA, Lukáš and Petr OTEVŘEL. Softwarové právo. 2. vyd. Brno: Computer Press, 2014. 414 s. ISBN 9788025142011. info
    not specified
  • Další literatura bude studentům poskytnuta v interaktivní osnově.
Teaching methods
seminars; e-learning application; reading, class discussion; case law analysis
Assessment methods
The students have to pass successfully two out of three written tests available via the information system. Students who pass the two tests are allowed to participate in the colloquium, that consist in solving of a practical case study.
Language of instruction
Czech
Further Comments
The course is taught annually.
The course is taught: every week.
The course is also listed under the following terms Spring 2012, Spring 2013, Spring 2014, Spring 2015, Spring 2016, Spring 2017, Spring 2018, Spring 2019.
  • Enrolment Statistics (Spring 2020, recent)
  • Permalink: https://is.muni.cz/course/law/spring2020/BVV07K