JuriAutor0505En

Recital 10

number

submitter

recommendation

text

201

 Ortega

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(10) In accordance with Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs, the ownership of computer programs is acquired through reserved rights. The ideas and general principles which underlie a computer program should be freely usable so as to enable different innovators simultaneously to acquire the ownership of creative works based on those ideas and individual principles.

202 = 203

Kudrycka and Zwiefka; Bertinotti

++

In accordance with Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs, property in computer programs is acquired by copyright. General ideas and principles which underlie a computer program must stay freely usable, so that many different creators may simultaneously obtain property in individual creations based thereon.

9 = 204

 Rocard; Lichtenberger and Frassoni

+

In accordance with Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs, the expression in any form of an original computer program is protected by copyright as a literary work. However, ideas and principles which underlie any element of a computer program are not protected by copyright, because they are algorithms which are comparable to mathematical methods or methods of presenting information.

201 seems to be a mistranslation in Spanish from the first reading amendment, "reserved rights" are merely a way to use copyright.

202 = 203 correctly notes that the fact that the "underlying ideas" of computer programs are not covered by copyright is a feature of copyright which promotes competition in the free market, and not an "error" which should be "corrected".

9 = 204 make a slight mistake: the algorithms underlying computer program are in fact mathematical methods and methods to present information, not just comparable to them. Additionally, computer programs themselves are of course also excluded from patentability.

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