Russia on this issue, as they say, "ahead of the world-wide, trying to turn on a legal path distribution of the software almost come to nothing lead. Although the show tangible improvements: in particular in Moscow by police and tax inspectors conducted a series of raids on outlets, which were confiscated large quantities of pirated copies of laser discs, was taken into custody with the subsequent criminal case about a hundred people. If "normal" theft fall under the existing criminal ¬ lovnogo law, the problem of theft of information much more complex ¬ on. Attribution machine, including software ¬ of by unauthorized copying does not qualify as a hi ¬ schenie because the theft involves the removal of property from funds body ¬ ing. Not very far from the truth joke that we have a program providing ¬ baking extends only through the exchange of stolen property and theft. When the abusive treatment of machine information may be withheld from the funds and CDs. Consequently, as noted above, the machine should be singled out as an independent subject of criminal legal protection.
However, that was it - a computer program? Thing? Tangible assets? Or something else, as lawmakers have never before did not know? In my view, the software is mainly that can be freely copied, without losing any of their properties grams while. Virtual space can place enormous, at first glance, the information at very small place. Over the past two years in the legal life of our society in the creation and use of scientific, literary and artistic works have been significant changes. With the July 9, 1993 Russian law "On Copyright and Related Rights" complete the formation of Russia's system of copyright as a system of rules providing a very high level of protection of authors' rights, fully conforming to the Berne Convention for the Protection of Literary and Artistic Works, which is a kind of world standard copyright protection. Issues related to copyright in computer science, which include the transfer of rights to the computer program or database to be considered in the abstract, because of the specific properties of the object of copyright in our legislation considered separately. To talk about copyright in the field, it is necessary to begin to define the concept used. The RF Law "On legal protection for electronic computers and databases (of 23 September 1992) in Article 1 defines the following concepts:
software - this is an objective presentation of ¬ vokupnosti data and commands to ¬ operation of electronic computers (computers) and other computer ¬ governmental devices to obtain a certain result. Under the program also includes computer training mate ¬ rials, obtained in the course of its development, and caused its audiovisual ¬ zualnye display;
database - it is an objective presentation and organization ¬ of the aggregate data (for example: articles calculations), structured in such a way that the data can be found on ¬ work with the computer;
adaptation of software or database - it changes undertaken solely in order to ensure that the software or database to ¬ specific governmental facilities managed by the user or con ¬ specific programs the user;
changed (processing) software, or database ¬ governmental - that any changes that are not adaptations;
dekompilirovanie software - technically at ¬ eat, including the conversion of object code to the original text in order to study the structure and encryption software;
playback software and databases - that of ¬ gotovlenie one or more copies of software or ba ¬ zy in any material form, as well as their store;
dissemination programs for computers or databases - this is pre ¬ provision of access to replicated in any kind of software or database, including network and other means, as well as through the sale, rental, rental, pro ¬ population loan, including the importation of any of these purposes:
issue in light of (publishing) software, or database ¬ governmental - that provide copies of software or database, with the consent of the author's indeterminate number of persons (including memory write computer and Release printed text), provided that the number of copies to meet the needs of the circle of individuals, taking into account the nature of those works ¬ ing;
use software or a database - this issue in light, reproduction, distribution and other activities for their introduction ¬ ing of marketing (including a modified form). Not recognized using computer databases or transfer media reports issued in light of software or database.
Rights - the author, his heir, as well as any natural or legal person who has exclusive property rights, on ¬ radiation by law or contract. The Act governs the relationship related to the creation, legal protection and use ¬ zovaniem software and databases, including that, in many cases decisive, their area of transfer of rights to the program and database. Property rights may be transferred wholly or partly by any person or entity. Property rights to the program or database pass through inheritance in accordance with the law and could be implemented during the term of copyright. The transfer of property rights must be formalized by contract or a contract that is in writing. The contract must present the following basic conditions: the amount and methods of use, the payment of remuneration and duration of the contract, as well as a territory, which uses the product
Each user has the right to use only one product, which he received under the contract, or acquired by purchase, he took to rent or rent, etc. Today in our country there is quite a strong legal basis for real security and regulatory issues in the field of authorship. But unfortunately, these laws are not backed by real action by the state. Our state simply turn a blind eye to the lawlessness, because of which our country otvorachivayutsya many prospective foreign partners. Important role in regulating the protection, in my view, is to place the bodies of ATS, especially in view of the fact that since January 1996, in the criminal law will be the new offense. In many countries, the police and prosecutors have special departments that deal with only the protection of intellectual property. The State should not overlook the enormous amount of money it loses in taxes because of irregularities in the protection of copyright and related rights. Unlawful access to records software, to the primary documents of databases and other such information, in the form of handwritten records, printed on the printer and other printed, is not implicit in article 272 and may, in appropriate cases have responsibility only for the special part. Mastering a computer with no power, as well as mechanical carrier as a thing, not considered as access to computer information and, where appropriate, could lead responsibility for the crimes against property. Similarly, does not form part of the objective of the crime destruction or distortion of computer information through external influence on the media engine heat, magnetic radiation, strikes and other similar ways. It is also worth mentioning that the treatment of computer information can be set owner or the owner of Information Act, a piece of legislation. The information is protected by law, that is, there is information, removal of public open traffic by law or regulations (including departmental) acts. There is a so-called "vulture restricted." From the interpretation of the law also reveal that private firms, including commercial banks, free to establish limited neck in order to preserve the commercial, banking and other secrets.
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