Ilchenko Y.R.

Student 1st course faculty Advocacy Odessa National Academy of Law

Scientific adviser: Ph.D. in physical mathematics Kozin A.B.

SOFTWARE LEGAL METHODS PROTECTED BY INTERNATIONAL COPYRIGHT

The challenge of protecting information from unauthorized access at all times solved throughout the history of mankind. Already in the ancient world stood two main ways of solving this problem, existing to this day: cryptography and steganography. The purpose of cryptography is to hide the content of the messages by encrypting them. In contrast, when steganography hides the very existence of the secret message.

1. Problem of copyright protection has gained special relevance to the development of digital technologies and the Internet. Despite the constant improvement of the legislation, including international, in the field of copyright, as well as continuous improvement and complexity of hardware and software aimed at preventing violations in this area, piracy of intellectual property has become a mass phenomenon, whose damaging globally exceeds many billions of dollars .

The main problems of copyright in the digital work is unconditional ease of copying, access via the Internet, as well as the low degree of elaboration of legislative issues related to their protection.

Extremely urgent problem of copyright protection is for those whose work is connected with the media, both print and electronic, as well as promotional activities. Once the text, picture or video presented publicly, author or copyright holder almost loses control of possible unauthorized use of material. For all the apparent severity of the problem, when it comes to the placement of certain works on the Internet, but in practice very often rude copyright infringement occur, and when presented as a digital file of material available, such as the publisher or directly to the printer. In the case of lawful publication appear and unauthorized, of course, without a contract with the author or copyright holder without payment of the appropriate remuneration for the use of, and sometimes, even without attribution, from the rightful owner of the rights to the pirated material is used, in practice, only one way - the way of the trial. Judicial resolution of this situation usually requires considerable effort and the plaintiff takes a long time, in connection with what are often legitimate copyright owners choose to ignore the violation occurred despite the material, and possibly loss of reputation. In addition, in order to bring a lawsuit, it is first necessary to identify the fact of copyright infringement, it is not always possible, as keep track of all published material, including Internet-based publication, is totally unrealistic. In this regard, the most reliable way of copyright protection should recognize the use of special hardware and software.

How to protect?

To get started you will need a special program running with CEH. With the help of the program is built CEH and photos can be safely spread on the network. Prove your copyrights if necessary or simply verify that CEH will be using this program or any other supporting function WaterMarking [1]. Immediately displayed identifier and the date of the snapshot. Although it should be noted that, as a rule, the digital watermark embedded in the image of a program, can not always be detected by other software. This is explained by the fact that each program is an implementation of a method or methods of making CEH.

Legal recourse.

If the author has sufficient grounds to defend its right (or breach caused extensive damage), then the only effective mechanism is going to court.

However, it must be said that Ukrainian courts have very little practice of dispute resolution copyright protection on the objects placed on the Internet. This is evidenced by statistics: only the uniform state register of judgments taken by about 12 million judgment, of which only a little over 10 thousand making the word "Internet."

But this should not be interpreted as failure statistics prove the violation and collect damages from the infringer. Statistics says only that many procedural issues and the court and the author (the plaintiff) will decide for the first time.

The main issues in the decision which will become almost a pioneer should probably allocate such:

• identification of the offender, including his name and address. At a minimum, it is necessary to determine who will get to sue and which court should handle (handle and in most cases need to court at the location of the defendant). To determine the offender shows that most Ukrainian jurisprudence may provide the court with the query results whois [2], or written response registrar / hosting provider. However, be prepared for the fact that neither the registrar or hosting provider does not give the requested information, hence to obtain it will also need to go to court.

• evidence of impaired clearance. The problem here is that the court "can not" work with electronic evidence. Therefore, to confirm the fact of copyright infringement can only providing appropriate written or physical evidence, what to do in the framework of Ukrainian procedural legislation is virtually impossible. Here it is necessary to connect the "procedural creativity" and use, for example, the procedural capabilities of neighboring states (ie, to obtain the necessary documents confirming the fact of violation, in another country, where the corresponding order settled and submit this document to the Ukrainian court) .

• confirmation of authorship. In this issue should first presumption of authorship, which provides that the author is the person indicated as the author of the work. Therefore, when filing a claim the plaintiff must be documented that he is listed as the author of the work. How to do this we have described above.

Unfortunately, the problems are not limited to the above-described procedural nuances. It is not excluded that the defendant will not be able to detect (whois, for example, not always contains the actual name of the registrant of a domain name, and in some cases it may even be free).

Western law.

As for the legal aspect of the issue, the situation looks abroad much easier. For example, in the United States since the end of 1998 is a law on the protection of copyright in the digital documents DMCA (Digital Millennium Copyright Act (Law on copyright in the digital age) - a law supplementing the U.S. law on copyright guidelines that take into account modern technology advances in copying and dissemination of information.)

The positive side of this law is because the rights of the owners of electronic documents shall be without prejudice to the rights of the authors of "material" works. Thus, proponents of this law (mainly powerful company copyright holders) consider DMCA as a necessity. For them, the digital age - not just a time of great opportunity, but also a time of new and previously unimaginable threats to their business. In this new era of the music industry works and cinematography, the creation and promotion of which spent millions of dollars suddenly become vulnerable to casual computer users, capable of making perfect digital copies of these works, and then distribute them via the Internet, thereby "reaching into his pocket" rights holders for these products. In Europe, similar in essence Directive copyright EUCD (European Union Copyright Directive [3]) was adopted in 2001

In addition, it is possible to obtain a patent for software products designed to protect copyrights. For example, one of the market leaders CEH programs, the company Digimarc, received his first patent in 1992, and at the moment it issued 300 patents and more than 500 applications pending.

Russian legislation.

In Russia, unfortunately, yet companies working with the technology of embedding digital watermarks, although some are indirectly related to the process. And in the legislation, which, unlike the digital signature does not even consider relevant GOST standards on this issue appears, that the right of authorship belongs to the author by virtue of creation, and the author is not obliged to register any or fix some other methods.

Therefore, in order to assert their rights to work, you must add the copyright sign. For example, ® Boris Borisenko, 2007. So, for example, we can’t cover whole photo with such signatures (in this case the content will not be seen the photo itself). And if you insert only somewhere at the bottom or side, the signature can be easily removed (cut), and we are still relevant image, but without the copyright information. It just made ​​sense to use the CEH.

It is worth noting that the Russian technology CEH yet underdeveloped, despite the obvious and growing need for its use. While some steps in this direction would like to see not only from developers of special software, but also on the part of our legislators.

CONCLUSIONS

Research in the field of steganography, (hiding information in a variety of containers to hide the fact of the transfer), and in particular digital steganography, a very promising direction of information protection, as in the modern world, in the world of information technology, the task of transmitting classified information is on a par with a hidden communication, (disguising messaging). By this, it is necessary to continue research in this area to search for new, effective, methods or improve existing ones.

Copyright protection of digital information sources are actively developing. Legislation is improving in this area too. Software market intellectual property distributed on the Internet and other digital media, just emerging. And high market expectations, although currently it is difficult to determine. In my opinion, the main reason is that digital imaging industry representatives still have not formulated clear criteria for evaluation of existing commercial products and solutions offered for the protection of copyright. One thing is clear - the future for integrated solutions.

Literature

  1. Wolgang, R.B. Perceptual Watermarking for Digital Images and Video / R.B. Wolgang, C.I. Podilchuk, E.J. Delp // Proceeding IEEE, Special Issue on Identification and Protection of Multimedia Information. 1999. Vol. 87. №. 7. P. 1088-1126.
  2. WHOIS. Википедия — свободная энциклопедия. – [Электронный документ] – Режим доступа: http://ru.wikipedia.org/wiki/WHOIS
  3. Copyright in the Information society. – [Электронный документ] – Режим доступа: http://ec.europa.eu/internal_market/copyright/copyright-infso/index_en.htm
Вы здесь: Home Доклады конференции Список докладов II конференции (2014 г.) Ilchenko Y.R. SOFTWARE LEGAL METHODS PROTECTED BY INTERNATIONAL COPYRIGHT