The new copyright provisions for the protection of computer programs in Germany
Andreas Raubenhemer · Information & Communications Technology Law · 1995
On June 24, 1993 new provisions for computer programs were inserted in the German Copyright Act which are likely to improve software protection. According to the official government notes, the recent case law and the literature—contrary to the old law—software will now, in general, be copyright protected under Section 69 a para. 3 Copyright Act. Another improvement of major practical importance is the destruction claim offered by Section 69 f Copyright Act with respect to illegal program copies as well as to any device which is destined to circumvent or to remove a program protection. Although questions of principle seem to be more or less clear further clarification by the courts will be required as to details. Before the latter is achieved there remains some uncertainty as to the precise requirements of copyrightability under Section 69 a para. 3, including the necessary substantiation and evidence, as well as to the definition of the protected expression form under Section 69 a para. 2 which will decide the scope of copyright protection. In any case, one can expect that in the long term the Copyright Act could probably be used as an additional and effective means against software pirates.