Protecting and enhancing its software? It is clear originality! – Village Justice (Blog)

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By Aurélie Bourgault, Jurist.

– Thursday, April 14, 2016

for the software enjoys protection under copyright law, it must be original. It is the only criterion adopted by the courts. The courts should not theoretically be concerned about the economic efficiency of the software, or its novelty, or the beauty of the human machine interfaces, etc.

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Four judgments of the Supreme Court of 7 March 1986 form the heart of the concept of originality in material software. In its judgments, the Supreme Court accepted the originality dulogiciel when the author “has demonstrated a personal endeavor that goes beyond the mere implementation of an automatic and binding logic and that this effort personalized lies in individualized architecture “ (Cass. Ass.plén., March 7, 1986, Babolat c / Pachot, No. 83-10477).

in 2013, the Court of Cassation also specified the elements of nature to justify the originality of the software components: “[...] the programming lines, codes or the organization chart or the preparatory design material; “ (Cass. 1st Civ., November 14, 2013, No. 12-20687).

The current jurisprudence appreciate very restrictively the concept of originality. This restrictive tendency is for works of any kind (photographs, commercials …) for ten years.

In terms of software, in terms of creative endeavor, jurisprudence asks that the programmer demonstrates that choices would not be easily achieved by another individual (court of appeal of Paris, 24 November 2015).

So the recent decisions made it possible to establish a checklist of elements to justify the originality of an app:

• the efforts made at the stage of preliminary design (specifications, specifications);
• The originality in writing code and composition (due to the choice of a particular language, etc.);
• functionality of implementation Reasons
• The reasons interactions of fields and tables and / or features between them, etc;

In practice, the ideal is to bring all these elements when the project led to the develop more easily. This upstream work then will effectively protect and secure software

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