Malware jako autorské dílo: analýza ochrany a jejích limitů v evropském právu
Malware as a Copyrighted Work: Analysis of Protection and Its Limits in European Law

Summary/Abstract: Although malware may theoretically receive formal copyright protection, its author would face insurmountable obstacles in any attempt at enforcement. From a procedural standpoint, filing a claim would amount to a confession of criminal activity. From a substantive law perspective, any such claim would be neutralized by fundamental legal principles, such as the prohibition of the abuse of rights or the nemo auditur principle. Therefore, the existing legal framework, relying on the general principles of both EU and national law, provides sufficient protection for the activities of antivirus companies and does not necessitate the introduction of new, specific legislation.

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