Traduction de «Protection par le logiciel » (Français → Anglais) :

Exchanged views on IT policy, information security, legal protection of software and promotion of innovation at the Japan-EU Dialogue on Information Policy held in October 2005.

1. For any changes to the software or for specific types of software such as COTS, non-developmental software or previously used software for which some of the requirements of Article 3(2)(d) or (e) or of Article 4(2), (3), (4) or (5) cannot be applied, the organisation shall ensure that the software safety assurance system provides, through other means chosen and agreed with the national supervisory authority, the same level of confidence as the relevant software assurance level whenever defined.

TPMs are implemented by some copyright holders because they can violate end users' privacy rights; prevent consumers from enjoying content on devices and software of their independent choice; circumvent or compromise the security of computers, including rendering them vulnerable to attack and we remember the well publicized fiasco of the Sony BMG rootkit; that TPMs can be applied to both content and devices; that the copyright holder and the owner of the device have rights that must be respected; that copyright holder's own rights on the protected work and private citizens usually own the devices that access these works; that TPMs can be abused to harm the inter ...[+++]ests of the copyright holder and/or the device owner; that numerous Canadian organizations have opposed the legal protection of TPMs supplied to copyright holders or manufacturers of devices, including, but not limited to, the Canada's Privacy Community, the Digital Security Coalition, the Canadian Music Creators Coalition, Appropriation Art Coalition, Canadian Federation of Students, Canadian Library Association, Canadian Art Museum Directors' Organization and several thousands of Canadian citizens already signed these on such a position; that we are looking for Canadian legislation, such as the Personal Information Protection and Electronic Documents Act which prohibits the condition of the supply of a product or service on a person waiving their rights; and that the section 77 of the Competition Act regulates against the exclusive dealing in tied selling.

The Parties agree that for the purpose of the Agreement, intellectual, industrial and commercial property includes in particular copyright, including the copyright in computer programmes, and neighbouring rights, the rights relating to databases, the rights relating to patents, industrial designs, geographical indications, including designations of origin, trademarks and service marks, topographies of integrated circuits, as well as protection against unfair competition as referred to in Article 10 bis of the Paris Convention for the Protection of Industrial Property and protection of undisclosed information on know-how.

1.5.8. Risks arising from software In the design of software-controlled equipment, protective systems and safety devices, special account must be taken of the risks arising from faults in the programme.

This includes both hardware — printers, laptops and other peripheral devices — and software, such as operating systems and security software.