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  • Writer's pictureLiviu Cotora

Software interoperability is copyright issue?

Updated: Apr 15, 2020

Recent "Indirect Access to the Software" starts to be a high interest point in all technical and financial newspaper and in the Internet space.

The in - court actions with many millions impact; force us to start a debate around the IP rights concerning the Software owner exclusive proprietary rights, and regarding the user proprietary data being processed inside the software. All software users and software producers are in a crucial moment and crossroad between IP rights, Constitutional property rights, the constraints of competition, and the technology and innovation engine leading role, to the development of our human life.

Starting point can be:

"Intellectual property law has historically balanced the competing interests of the public and innovative entrepreneurs. The long-accepted principle of intellectual property law is that protection should be granted to innovators only so far as it serves the interests of the public." (Pamela Samuelson Professor of Law, University of Pittsburg School of Law)

So we agree that the software owner must not push the user to invoke the Fair Use Defense and put him in a highly dangerous position stopping the fair competition.

Trying to set again the basis of the dispute regarding the user right on his data despite the processing algorithms and the data master records created by the software owner, we go back to the fact that the EU Justice Court validated the user ownership (USED SOFTWARE vs. ORACLE) of the software , so the fact that his own data are circulating through different data base register and are shaped by the software creator, can't make the software owner the data owner, the data processing was paid by the license sale transaction.

If A is buying a cow and milk her, and process the milk in cheese, B the previous cow proprietary will not ask for royalties on the cheese sale revenues.

More seriously, if we pay royalties, kind of whatever rights, for each interoperability transaction between software's, means very high cost of ownership, cascading the multiple interconnected software's and for a human user we create a stack of many royalties with so much barriers in distributing the right amount of royalties between the different software owners that the game will stop the fair competition between software producers and settle the complete user illegal ownership and the concurrence unfair treatment.

The Block chain, The distributed Ledger, Crypto currency, IoT ....All of these feature technologies will be cruelly impacted by some old fashion software producers looking to sale the cow but still have the money of the milk and cheese.

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