tag:blogger.com,1999:blog-4513524515428334509.post6845287620260919041..comments2024-03-26T10:41:35.852+00:00Comments on The 1709 Blog: "Adaptation", software and databases: can you help?Marie-Andree Weisshttp://www.blogger.com/profile/17125973798789498436noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-4513524515428334509.post-2967042753790839782012-06-26T01:40:27.107+01:002012-06-26T01:40:27.107+01:00So far as adaptation of computer programs are conc...So far as adaptation of computer programs are concerned I would suggest the relevant part of the definition in the New Zealand Act would be a good starting point: section 2(1)(b) “In relation to a literary work that is a computer program, includes a version of the program in which it is converted into or out of a computer language or code or into a different computer language or code, otherwise than incidentally in the course of running the program.”<br /><br />This definition thus makes decompiling from object code to source code an adaptation (as well as the reverse – compiling). Also “translating” a program from one source language to another. Unfortunately our only case predates our current 1994 Act and this definition. I am awaiting judgment now in a case where adaptation of a program was claimed, but will only be able to report that in due course.<br /><br />It must also be UK law that updating a program to create a new version would constitute the making of an adaptation. The definition in the 1988 Act is not exhaustive. From memory that proposition may have been mentioned by Jacob J in IBCOS. Such an act constitutes making a derivative work under US law.<br /><br />As to databases, apart from translating the contents from one human language to another the meaning and scope of “adaptation” is far from clear. And does it mean database structure rather than database contents? The NZ Act does not offer a definition here and is of no help.<br /><br />Ken.Anonymousnoreply@blogger.com