Monitor Prawniczy

no. 14/2019

The possibility of decompiling a computer visrus under Art. 75.2.3) and 75.3 of the Copyright Law

DOI: 10.32027/MOP.19.14.3
Łukasz Koźbiał
Autor jest studentem IV roku niestacjonarnych studiów doktoranckich WPiA Uniwersytetu Śląskiego w Katowicach.
Abstract

The article analyses the thesis about recognition of a computer virus as a work. First, the notion of a computer virus shall be defined and the relation between that definition and the notion a computer programme shall be determined. Next, the consequences of awarding copyright protection to viruses shall be described. In that connection a packet of personal and property rights of the virus’ author shall be discussed. In view of a destructive impact of viruses on computer operation the most important thing will not be the analysis of the author’s exclusive rights, but their statutory restrictions that could be used by programme users. The analysis of these rights will help establish whether the owner of a computer infected with a virus can effectively defend themselves against this hazard by obtaing information about the virus from the virus itself.