Scholarlink

<p>In order to determine whether there has been an infringement of a copyright-protected right to a protected subject matter (here: a computer program within the meaning of Sec. 69a(1) Copyright Act), it is not always necessary to establish whether this protected subject matter meets the requirements of a copyright-protected work, computer program or related right. Rather, this circumstance can be assumed if there has not been an unlawful infringement of copyright. However, it should be noted that the question of an infringement of the right may depend on a determination beyond doubt of the subject matter of protection and the characteristics that justify its protection. The denial of an infringement of a right protected by copyright with the simultaneous assumption that the subject matter in question is entitled to protection under copyright law is therefore only possible in such a case if the subject matter assumed to be protected by copyright and the features justifying its protection are clearly defined.</p><p>[…]</p>

错误：搜索内容不能为空，请输入英文关键词
错误：关键词超出字数限制，请精简
高级检索

“Ad Blocker IV [Werbeblocker IV]”

  • 期刊论文

  • 发表日期：

    2026年1月1日

查看全文

摘要

In order to determine whether there has been an infringement of a copyright-protected right to a protected subject matter (here: a computer program within the meaning of Sec. 69a(1) Copyright Act), it is not always necessary to establish whether this protected subject matter meets the requirements of a copyright-protected work, computer program or related right. Rather, this circumstance can be assumed if there has not been an unlawful infringement of copyright. However, it should be noted that the question of an infringement of the right may depend on a determination beyond doubt of the subject matter of protection and the characteristics that justify its protection. The denial of an infringement of a right protected by copyright with the simultaneous assumption that the subject matter in question is entitled to protection under copyright law is therefore only possible in such a case if the subject matter assumed to be protected by copyright and the features justifying its protection are clearly defined.

[…]