Software As a Thing in Legal Terms Under the New Civil Code Cover Image

Software jako věc v režimu nového občanského zákoníku
Software As a Thing in Legal Terms Under the New Civil Code

Author(s): Jan Tomíšek
Subject(s): Civil Law, ICT Information and Communications Technologies
Published by: Masarykova univerzita nakladatelství
Keywords: software; thing in legal terms; the characteristics of things; copyright; liability for defects; unjust enrichment;

Summary/Abstract: The aim of this article is to highlight some of the practical issues in relation to the acquisition of software, which arose with the arrival of the new Civil Code. The readers are presented with possible answers aiming to open discussion on the topic. The first part of the article deals with the question of whether software is a thing in legal terms under the new Civil Code. The second part focuses on the specific application of the previous findings in the area of liability for defects and unjust enrichment. In conclusion the results of the analysis are summarized and their impact on the system of copyright as a whole is assessed.

  • Issue Year: 5/2014
  • Issue No: 09
  • Page Range: 197-210
  • Page Count: 14
  • Language: Czech