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Curbing Software Piracy in eCommerce: Compatibility with Human Rights: Challenges and Possible Solutions

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Chapter Summary

This chapter discovers suitable legal measures for curbing software piracy in electronic Commerce (eCommerce), and explores the compatibility of such measures with human rights. Recently, the World Intellectual Property Organization (WIPO) in collaboration with the Sub-Commission on the Promotion and Protection of Human Rights sought to discover the relationship between intellectual property rights and human rights. Software technology is at least as expensive to develop as hardware technology, but it is very inexpensive to copy. While patents and contracts play a role in protecting different aspects of technology, the main mode of legal protection for software technology is copyright. Internationally the standards for copyright protection of software are set forth in the Berne Convention for the Protection of Literary and Artistic Works and the WIPO Copyright Treaty (WCT).

Keywords: Berne Convention; eCommerce; human rights; software piracy; WIPO Copyright Treaty (WCT); World Intellectual Property Organization (WIPO)

10.1163/ej.9789004162907.i-292.5
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