La notion d'auteur dans le monde des logiciels

Abstract : The world of software shall be constraint widely as could testified the computer tool in our modern society. This research tries to emphasize that the protection of the software is more an opportunistic choice than a reasoned one. That opportunism was seen through the delegation of the rulemaking of the juridical regime of the software to the economic actors. Until very recently, the conjugation of the copyright and ordinary law of contracts which increased the exclusivity of the stakeholder over the code, through the copyright, and an immunity over the poor quality over the same code through the contract law. Such policy generated a dissenting movement against the IP rights, an increasing of the risks on the consumers and a perverted protection because the disclosure of the work by its authors is supposed to be done when the author judges it ready. This legal laissez-faire is also found in the computerized data, informations, where the absence of protection by itself was subject to debates between programmers (liberals) and lawyers (conservative). Or our research is pleading for the establishment of a digital patrimony as the latest laws and cases laws are developing. However the digital patrimony is easily copied and not exclusive by nature, police and intelligence committees can cease it easily than before, thanks to the help of service providers. Such patrimony also helps to the building of an intrusive panopticon.
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Jonathan Keller. La notion d'auteur dans le monde des logiciels. Droit. Université de Nanterre - Paris X, 2017. Français. ⟨NNT : 2017PA100195⟩. ⟨tel-01896051⟩

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