Law on the Protection of Computer Software, Prohibited Acts and Supervision
Law on the Protection of Computer Software, Arts. 34 and 39, 2003
In force.
A computer misuse rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not copy, adapt, sell, or telecast a software, or destroy or remove a technical protection device on it, without the copyright holder's permission, outside the three listed permission-free cases (education, a law-enforcement investigation, or software already distributed free of charge).
- This Law addresses software specifically; it does not itself create a general duty to leave ordinary web content unread.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Criminal exposure note
Article 41 refers a violation causing serious consequences to administrative or penal responsibility, depending on gravity, without stating a specific fine or term.
What it makes you log
Logging duty
Article 34 bars using, copying, exhibiting, circulating, adapting, translating, selling or telecasting a software, altering a developer's name, exporting or importing a software, or destroying or removing a software protection device without the copyright holder's permission. Article 39 has the central guidance organ of the software industry and the relevant supervisory organ supervise and control infringement, virus production and illegal access to a software through computer networks. Neither article requires the person addressed to create, keep, produce or review a log or record; Article 39 sets a supervision duty on the state organs and no check of a record kept by a regulated person. Neither carries a territorial hook.
- Kind
- None
- As of
What this law does
Article 34 prohibits, without the copyright holder's permission, using, copying, exhibiting, circulating, adapting, translating, selling, or telecasting a software, altering the name of its developer or of the software, exporting or importing it, or destroying or removing a protection device of its software technology.
Article 39 places destruction of or illegal access to a software through computer networks among the acts the central guidance organ of software industry and the relevant supervisory and control organ must control, alongside producing, copying, or circulating a computer virus.
Article 35 permits copying and using a software without permission only where it is used for educational purposes in educational institutions, needed for a law-enforcement organ's investigation of a case, or has been distributed free of charge. The Law's text carries no commencement clause, and no day on which it came into force has been located.
When LexLint raises it
When your app profile says your app crawls the web.
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