Software als Schutzgegenstand des Europäischen Urheberrechts

After 20 years of silence, two recent references from the Czech Republic (Bezpečnostní softwarová asociace, Case C-393/09) and from the English High Court (SAS Institute, Case C-406/10) touch upon several questions that are fundamental for the extent of copyright protection for software under the Computer Program Directive 91/25 (now 2009/24) and the Information Society Directive 2001/29. In Case C-393/09, the European Court of Justice held that “the object of the protection conferred by that directive is the expression in any form of a computer program which permits reproduction in different computer languages, such as the source code and the object code.” As “any form of expression of a computer program must be protected from the moment when its reproduction would engender the reproduction of the computer program itself, thus enabling the computer to perform its task,” a graphical user interface (GUI) is not protected under the Computer Program Directive, as it does “not enable the reproduction of that computer program, but merely constitutes one element of that program by means of which users make use of the features of that program.” While the definition of computer program and the exclusion of GUIs mirror earlier jurisprudence in the Member States and therefore do not come as a surprise, the main significance of Case C-393/09 lies in its interpretation of the Information Society Directive. In confirming that a GUI “can, as a work, be protected by copyright if it is its author’s own intellectual creation,” the ECJ continues the Europeanization of the definition of “work” which began in Infopaq (Case C-5/08). Moreover, the Court elaborated this concept further by excluding expressions from copyright protection which are dictated by their technical function. Even more importantly, the ECJ held that a television broadcasting of a GUI does not constitute a communication to the public, as the individuals cannot have access to the “essential element characterising the interface,” i.e., the interaction with the user. The exclusion of elements dictated by technical functions from copyright protection and the interpretation of the right of communication to the public with reference to the “essential element characterising” the work may be seen as welcome limitations of copyright protection in the interest of a free public domain which were not yet apparent in Infopaq. While Case C-393/09 has given a first definition of the computer program, the pending reference in Case C-406/10 is likely to clarify the scope of protection against nonliteral copying, namely in how far the protection extends beyond the text of the source code to the design of a computer program and where the limits of protection lie as regards the functionality of a program and mere “principles and ideas.” In light of the travaux préparatoires, it is submitted that the ECJ is also likely to grant protection for the design of a computer program, while excluding both the functionality and underlying principles and ideas from protection under the European copyright directives.

The MIRELA framework: modeling and analyzing mixed reality applications using timed automata

Mixed Reality (MR) aims to link virtual entities with the real world and has many applications such as military and medical domains [JBL+00, NFB07]. In many MR systems and more precisely in augmented scenes, one needs the application to render the virtual part accurately at the right time. To achieve this, such systems acquire data related to the real world from a set of sensors before rendering virtual entities. A suitable system architecture should minimize the delays to keep the overall system delay (also called end-to-end latency) within the requirements for real-time performance. In this context, we propose a compositional modeling framework for MR software architectures in order to specify, simulate and validate formally the time constraints of such systems. Our approach is first based on a functional decomposition of such systems into generic components. The obtained elements as well as their typical interactions give rise to generic representations in terms of timed automata. A whole system is then obtained as a composition of such defined components. To write specifications, a textual language named MIRELA (MIxed REality LAnguage) is proposed along with the corresponding compilation tools. The generated output contains timed automata in UPPAAL format for simulation and verification of time constraints. These automata may also be used to generate source code skeletons for an implementation on a MR platform. The approach is illustrated first on a small example. A realistic case study is also developed. It is modeled by several timed automata synchronizing through channels and including a large number of time constraints. Both systems have been simulated in UPPAAL and checked against the required behavioral properties.

A Skull-Stripping Filter for ITK

Skull-stripping (or brain extraction) is an important pre-processing step in neuroimage analysis. This document describes a skull-stripping filter implemented using the Insight Toolkit ITK, which we named itk::StripTsImageFilter. It is a composite filter based on existing ITK classes. The filter has been implemented with usability, robustness, speed and versatility in mind, rather than accuracy. This makes it useful for many pre-processing tasks in neuroimage analysis. This paper is accompanied by the source code, input data and a testing environment.

Parsing for agile modeling

In order to analyze software systems, it is necessary to model them. Static software models are commonly imported by parsing source code and related data. Unfortunately, building custom parsers for most programming languages is a non-trivial endeavour. This poses a major bottleneck for analyzing software systems programmed in languages for which importers do not already exist. Luckily, initial software models do not require detailed parsers, so it is possible to start analysis with a coarse-grained importer, which is then gradually refined. In this paper we propose an approach to "agile modeling" that exploits island grammars to extract initial coarse-grained models, parser combinators to enable gradual refinement of model importers, and various heuristics to recognize language structure, keywords and other language artifacts.

Predicting dependencies using domain-based coupling

Software dependencies play a vital role in programme comprehension, change impact analysis and other software maintenance activities. Traditionally, these activities are supported by source code analysis; however, the source code is sometimes inaccessible or difficult to analyse, as in hybrid systems composed of source code in multiple languages using various paradigms (e.g. object-oriented programming and relational databases). Moreover, not all stakeholders have adequate knowledge to perform such analyses. For example, non-technical domain experts and consultants raise most maintenance requests; however, they cannot predict the cost and impact of the requested changes without the support of the developers. We propose a novel approach to predicting software dependencies by exploiting the coupling present in domain-level information. Our approach is independent of the software implementation; hence, it can be used to approximate architectural dependencies without access to the source code or the database. As such, it can be applied to hybrid systems with heterogeneous source code or legacy systems with missing source code. In addition, this approach is based solely on information visible and understandable to domain users; therefore, it can be efficiently used by domain experts without the support of software developers. We evaluate our approach with a case study on a large-scale enterprise system, in which we demonstrate how up to 65 of the source code dependencies and 77% of the database dependencies are predicted solely based on domain information.

Pangea: A Workbench for Statically Analyzing Multi-Language Software Corpora

Software corpora facilitate reproducibility of analyses, however, static analysis for an entire corpus still requires considerable effort, often duplicated unnecessarily by multiple users. Moreover, most corpora are designed for single languages increasing the effort for cross-language analysis. To address these aspects we propose Pangea, an infrastructure allowing fast development of static analyses on multi-language corpora. Pangea uses language-independent meta-models stored as object model snapshots that can be directly loaded into memory and queried without any parsing overhead. To reduce the effort of performing static analyses, Pangea provides out-of-the box support for: creating and refining analyses in a dedicated environment, deploying an analysis on an entire corpus, using a runner that supports parallel execution, and exporting results in various formats. In this tool demonstration we introduce Pangea and provide several usage scenarios that illustrate how it reduces the cost of analysis.

Bounded Seas: Island Parsing Without Shipwrecks

Imprecise manipulation of source code (semi-parsing) is useful for tasks such as robust parsing, error recovery, lexical analysis, and rapid development of parsers for data extraction. An island grammar precisely defines only a subset of a language syntax (islands), while the rest of the syntax (water) is defined imprecisely. Usually, water is defined as the negation of islands. Albeit simple, such a definition of water is naive and impedes composition of islands. When developing an island grammar, sooner or later a programmer has to create water tailored to each individual island. Such an approach is fragile, however, because water can change with any change of a grammar. It is time-consuming, because water is defined manually by a programmer and not automatically. Finally, an island surrounded by water cannot be reused because water has to be defined for every grammar individually. In this paper we propose a new technique of island parsing - bounded seas. Bounded seas are composable, robust, reusable and easy to use because island-specific water is created automatically. We integrated bounded seas into a parser combinator framework as a demonstration of their composability and reusability.

Towards cheap, accurate polymorphism detection

Polymorphism, along with inheritance, is one of the most important features in object-oriented languages, but it is also one of the biggest obstacles to source code comprehension. Depending on the run-time type of the receiver of a message, any one of a number of possible methods may be invoked. Several algorithms for creating accurate call-graphs using static analysis already exist, however, they consume significant time and memory resources. We propose an approach that will combine static and dynamic analysis and yield the best possible precision with a minimal trade-off between used resources and accuracy.

Overthrowing the Tyranny of Alphabetical Ordering in Documentation Systems

Software developers are often unsure of the exact name of the API method they need to use to invoke the desired behavior. Most state-of-the-art documentation browsers present API artefacts in alphabetical order. Albeit easy to implement, alphabetical order does not help much: if the developer knew the name of the required method, he could have just searched for it in the first place. In a context where multiple projects use the same API, and their source code is available, we can improve the API presentation by organizing the elements in the order in which they are more likely to be used by the developer. Usage frequency data for methods is gathered by analyzing other projects from the same ecosystem and this data is used then to improve tools. We present a preliminary study on the potential of this approach to improve the API presentation by reducing the time it takes to find the method that implements a given feature. We also briefly present our experience with two proof-of-concept tools implemented for Smalltalk and Java.

Mining the Ecosystem to Improve Type Inference For Dynamically Typed Languages

Dynamically typed languages lack information about the types of variables in the source code. Developers care about this information as it supports program comprehension. Ba- sic type inference techniques are helpful, but may yield many false positives or negatives. We propose to mine information from the software ecosys- tem on how frequently given types are inferred unambigu- ously to improve the quality of type inference for a single system. This paper presents an approach to augment existing type inference techniques by supplementing the informa- tion available in the source code of a project with data from other projects written in the same language. For all available projects, we track how often messages are sent to instance variables throughout the source code. Predictions for the type of a variable are made based on the messages sent to it. The evaluation of a proof-of-concept prototype shows that this approach works well for types that are sufficiently popular, like those from the standard librarie, and tends to create false positives for unpopular or domain specific types. The false positives are, in most cases, fairly easily identifiable. Also, the evaluation data shows a substantial increase in the number of correctly inferred types when compared to the non-augmented type inference.

Enabling knowledge creation through outsiders: towards a push model of open innovation

Open innovation is increasingly being adopted in business and describes a situation in which firms exchange ideas and knowledge with external participants, such as customers, suppliers, partner firms, and universities. This article extends the concept of open innovation with a push model of open innovation: knowledge is voluntarily created outside a firm by individuals and organisations who proceed to push knowledge into a firm’s open innovation project. For empirical analysis, we examine source code and newsgroup data on the Eclipse Development Platform. We find that outsiders invest as much in the firm’s project as the founding firm itself. Based on the insights from Eclipse, we develop four propositions: ‘preemptive generosity’ of a firm, ‘continuous commitment’, ‘adaptive governance structure’, and ‘low entry barrier’ are contexts that enable the push model of open innovation.

Cenozoic oxygen isotopic values for benthic foraminifera from DSDP and ODP low and high latitude marine sediment cores

The climate during the Cenozoic era changed in several steps from ice-free poles and warm conditions to ice-covered poles and cold conditions. Since the 1950s, a body of information on ice volume and temperature changes has been built up predominantly on the basis of measurements of the oxygen isotopic composition of shells of benthic foraminifera collected from marine sediment cores. The statistical methodology of time series analysis has also evolved, allowing more information to be extracted from these records. Here we provide a comprehensive view of Cenozoic climate evolution by means of a coherent and systematic application of time series analytical tools to each record from a compilation spanning the interval from 4 to 61 Myr ago. We quantitatively describe several prominent features of the oxygen isotope record, taking into account the various sources of uncertainty (including measurement, proxy noise, and dating errors). The estimated transition times and amplitudes allow us to assess causal climatological-tectonic influences on the following known features of the Cenozoic oxygen isotopic record: Paleocene-Eocene Thermal Maximum, Eocene-Oligocene Transition, Oligocene-Miocene Boundary, and the Middle Miocene Climate Optimum. We further describe and causally interpret the following features: Paleocene-Eocene warming trend, the two-step, long-term Eocene cooling, and the changes within the most recent interval (Miocene-Pliocene). We review the scope and methods of constructing Cenozoic stacks of benthic oxygen isotope records and present two new latitudinal stacks, which capture besides global ice volume also bottom water temperatures at low (less than 30°) and high latitudes. This review concludes with an identification of future directions for data collection, statistical method development, and climate modeling.

Integrating software testing and run-time checking in an assertion verification framework

We have designed and implemented a framework that unifies unit testing and run-time verification (as well as static verification and static debugging). A key contribution of our approach is that a unified assertion language is used for all of these tasks. We first propose methods for compiling runtime checks for (parts of) assertions which cannot be verified at compile-time via program transformation. This transformation allows checking preconditions and postconditions, including conditional postconditions, properties at arbitrary program points, and certain computational properties. The implemented transformation includes several optimizations to reduce run-time overhead. We also propose a minimal addition to the assertion language which allows defining unit tests to be run in order to detect possible violations of the (partial) specifications expressed by the assertions. This language can express for example the input data for performing the unit tests or the number of times that the unit tests should be repeated. We have implemented the framework within the Ciao/CiaoPP system and effectively applied it to the verification of ISO-prolog compliance and to the detection of different types of bugs in the Ciao system source code. Several experimental results are presented that ¡Ilústrate different trade-offs among program size, running time, or levéis of verbosity of the messages shown to the user.