Permitted decompilation of a computer program in order to protect the general interest

• Main Author: Radovanović Sanja M.
• Format: Article
• Language: English
• Published: University of Novi Sad, Faculty of Law 2015-01-01
• Series: Zbornik Radova: Pravni Fakultet u Novom Sadu
• Subjects: computer program; decompilation; interoperability; interfaces
• Online Access: http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2015/0550-21791503247R.pdf
• ISSN: 0550-2179; 2406-1255

Computer program is an intellectual creation protected by copyright. However, unlike other items with equivalent legal protection, a computer program has a strong technical functionality, which is, in nowadays' society, an indispensable factor in everyday business activities, exchange of information, entertainment or achieving other similar purposes. Precisely because of this feature, computer program can rarely be seen in isolation from the hardware and software environment. In other words, the functionality of a computer program reaches its full scope only in interaction with other computer program or device. Bearing in mind the fact that this intellectual creation is in the focus of technological, and thus social, development, legislators are trying to provide a legal framework in which these interactions take place unhindered. In fact, considering that each aspect of the use of a computer program presents the exclusive right of the author, relying on his or her consent to undertake certain perpetration which would provide the necessary connectivity of the various components, could put in risk further technological development. Therefore, the lawmakers provide that, in certain cases and under certain conditions, the author's exclusive right could be restricted or excluded. This paper aims to analyze a normative contribution in achieving, technical and technological needed, and therefore, in terms of general interest justified, interactions.