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TYPICAL QUESTIONS ABOUT SOFTWARE LAW IN THE LAWYER’S PRACTICE
Software issues increasingly appear in the practice of lawyers because of the growing economic importance of softwares. The most typical questions are the operating of software products, the questions about to use them, questions about the open source, free software issues, as well as terms of the contact about individual software’s development and resolved disputes arising the individual contract situations. In this article we present the main legal rules of these specific types of cases
USER RIGHT ON SOFTWARE PRODUCTS IN LAWYERS PRACTICE A "boxed" software like any other software is considered copyrighted author's work. These software are made in mass “manufacturing”, the lack of treatment to individual needs because the box software’s users has no possibility specific negotiations neither in functionality, neither in contract terms.
Under the Hungarian law the copyright of the software transfers to the software development company as the author’s successor. Under the law of Hungary the software development company grants to use these rights in the narrowest extent to the user regarding the “copies” of the software work. Thus, the rights holders have exclusive right to reproduce the software or make copies of the software or grant distribution rights. By default the software modification’s right remains at the copyright owner so far "buyer" and in the copyright sense, the user is not entitled to change it. The right holders authorize pre-defined conditions end-user License Agreement (EULA) of “buyers”.
On the basis of Hungarian law it is legally possible to make a backup copy of the software if other requirements met. Also the Hungarian copyright legislation allows the pursuit of analytical testing program and a very in an eminently narrow cases if other conditions persist the software can be reverse engineered. The latter are extremely limited in the usage of the results and other relations.
OPEN SOURCE, GPL Software developers frequently use in their individual developments code segments and fragments which available on the Internet which in many cases are marked such as free or limited use software restriction works in the public licensing systems. In these licensing systems functionally the copyright holder can use menus to define what acts of exploitation under which conditions are permitted by the copyright holders. Before usage, and integration in his software should examine these criteria to fit to intended use.
Free software legal status and usage of such software parts are undecided question in Hungarian law, that conditions are typically implied attitudes but it is opposed to the provision of the Hungarian copyright law which accept a written agreement to be valid in many cases.
LEGAL CHRACTERISTICS OF CUSTOM SOFTWARE DEVLEOPEMENTS IN HUNGARY Because of the unique characteristics of business processes the needs of specialties in many cases necessitates custom software development. In the copyright law of Hungary these are contracts on works to be created in the future which are regarded as a special agreement. In these contracts under the laws of Hungary it is necessary to define as precisely as possible the achieved functions. The warranty claims questions are settled, as well. There are a lot of disputes on the text grating the copyright’s permissions so which rights are transferred to the customer and which remain at the software development company, so these question need to be settled in the contract.
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