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.

Long-distance photogrammetric trait estimation in free-ranging animals: A new approach

The acquisition of accurate information on the size of traits in animals is fundamental for the study of animal ecology and evolution and their management. We demonstrate how morphological traits of free-ranging animals can reliably be estimated on very large observation distances of several hundred meters by the use of ordinary digital photographic equipment and simple photogrammetric software. In our study, we estimated the length of horn annuli in free-ranging male Alpine ibex (Capra ibex) by taking already measured horn annuli of conspecifics on the same photographs as scaling units. Comparisons with hand-measured horn annuli lengths and repeatability analyses revealed a high accuracy of the photogrammetric estimates. If length estimations of specific horn annuli are based on multiple photographs measurement errors of <5.5 mm can be expected. In the current study the application of the described photogrammetric procedure increased the sample size of animals with known horn annuli length by an additional 104%. The presented photogrammetric procedure is of broad applicability and represents an easy, robust and cost-efficient method for the measuring of individuals in populations where animals are hard to capture or to approach.

Mining free-text medical records for companion animal enteric syndrome surveillance.

Large amounts of animal health care data are present in veterinary electronic medical records (EMR) and they present an opportunity for companion animal disease surveillance. Veterinary patient records are largely in free-text without clinical coding or fixed vocabulary. Text-mining, a computer and information technology application, is needed to identify cases of interest and to add structure to the otherwise unstructured data. In this study EMR's were extracted from veterinary management programs of 12 participating veterinary practices and stored in a data warehouse. Using commercially available text-mining software (WordStat™), we developed a categorization dictionary that could be used to automatically classify and extract enteric syndrome cases from the warehoused electronic medical records. The diagnostic accuracy of the text-miner for retrieving cases of enteric syndrome was measured against human reviewers who independently categorized a random sample of 2500 cases as enteric syndrome positive or negative. Compared to the reviewers, the text-miner retrieved cases with enteric signs with a sensitivity of 87.6% (95%CI, 80.4-92.9%) and a specificity of 99.3% (95%CI, 98.9-99.6%). Automatic and accurate detection of enteric syndrome cases provides an opportunity for community surveillance of enteric pathogens in companion animals.

La escasez impuesta : el software libre y el status económico de los bienes inmateriales

Ante el despliegue de posibilidades para crear, reproducir y compartir contenidos que la informática proporciona, surgieron incesantes debates sobre su estatuto económico. Las leyes de propiedad intelectual promulgan medidas cada vez más restrictivas para consumidores y productores, lo que erige barreras a la cultura y favorece monopolios sobredimensionados. Frente a esta situación emergen voces disidentes como el movimiento del software libre. En este artículo, haremos un análisis del debate de los bienes inmateriales, el papel de las leyes de propiedad intelectual y las reivindicaciones del los partidarios del software libre.

Modification and Developer Metrics at the Function Level: Metrics for the Study of the Evolution of a Software Project

Software evolution, and particularly its growth, has been mainly studied at the file (also sometimes referred as module) level. In this paper we propose to move from the physical towards a level that includes semantic information by using functions or methods for measuring the evolution of a software system. We point out that use of functions-based metrics has many advantages over the use of files or lines of code. We demonstrate our approach with an empirical study of two Free/Open Source projects: a community-driven project, Apache, and a company-led project, Novell Evolution. We discovered that most functions never change; when they do their number of modifications is correlated with their size, and that very few authors who modify each; finally we show that the departure of a developer from a software project slows the evolution of the functions that she authored.

Quantitative Determination of the Relationship between Internal Validity and Bias in Software Engineering Experiments: Consequences for Systematic Literature Reviews

Quality assessment is one of the activities performed as part of systematic literature reviews. It is commonly accepted that a good quality experiment is bias free. Bias is considered to be related to internal validity (e.g., how adequately the experiment is planned, executed and analysed). Quality assessment is usually conducted using checklists and quality scales. It has not yet been proven;however, that quality is related to experimental bias. Aim: Identify whether there is a relationship between internal validity and bias in software engineering experiments. Method: We built a quality scale to determine the quality of the studies, which we applied to 28 experiments included in two systematic literature reviews. We proposed an objective indicator of experimental bias, which we applied to the same 28 experiments. Finally, we analysed the correlations between the quality scores and the proposed measure of bias. Results: We failed to find a relationship between the global quality score (resulting from the quality scale) and bias; however, we did identify interesting correlations between bias and some particular aspects of internal validity measured by the instrument. Conclusions: There is an empirically provable relationship between internal validity and bias. It is feasible to apply quality assessment in systematic literature reviews, subject to limits on the internal validity aspects for consideration.

Studying the laws of software evolution in a long-lived FLOSS project

ome free, open-source software projects have been around for quite a long time, the longest living ones dating from the early 1980s. For some of them, detailed information about their evolution is available in source code management systems tracking all their code changes for periods of more than 15 years. This paper examines in detail the evolution of one of such projects, glibc, with the main aim of understanding how it evolved and how it matched Lehman's laws of software evolution. As a result, we have developed a methodology for studying the evolution of such long-lived projects based on the information in their source code management repository, described in detail several aspects of the history of glibc, including some activity and size metrics, and found how some of the laws of software evolution may not hold in this case

UBURYO: open source software for managing microcredits in education

One of the major problems in developing countries is minority access to higher education. Traditional scholarships usually focus on paying tuition fees for bringing brilliant students to developed countries (from where they seldom return). But local grants seldom target the more needy students. We propose a system of student loans to pay tuition fees in exchange for technical work. This appears to be a satisfactory and sustainable solution. We also provide UBURYO (a Kirundi word meaning opportunity). UBURYO is the free open source software, that we have developed, to manage this loan system in a simple, trustworthy, fair and efficient way.

Determining the effectiveness of three software evaluation techniques through informal aggregation

An accepted fact in software engineering is that software must undergo verification and validation process during development to ascertain and improve its quality level. But there are too many techniques than a single developer could master, yet, it is impossible to be certain that software is free of defects. So, it is crucial for developers to be able to choose from available evaluation techniques, the one most suitable and likely to yield optimum quality results for different products. Though, some knowledge is available on the strengths and weaknesses of the available software quality assurance techniques but not much is known yet on the relationship between different techniques and contextual behavior of the techniques. Objective: This research investigates the effectiveness of two testing techniques ? equivalence class partitioning and decision coverage and one review technique ? code review by abstraction, in terms of their fault detection capability. This will be used to strengthen the practical knowledge available on these techniques.

Estudio comparativo y completo de la oferta de software libre para centros de educación primaria

La Organización de Estados Iberoamericanos para la Educación, la Ciencia y la Cultura (OEI) pretende llevar energía solar y acceso a internet a más de 66.000 escuelas en Iberoamérica, la mayor parte de ellas ubicadas en zonas rurales y de difícil acceso. Con el proyecto “Luces para aprender” se quiere reducir la brecha digital y poner fin al aislamiento de las comunidades rurales, facilitando su acceso a las tecnologías de la comunicación, con el fin de favorecer su desarrollo educativo, económico, social y cultural. La OEI que coordina el proyecto “Luces para Aprender” se dirigió a TEDECO (Tecnología para el Desarrollo y la Cooperación), que es un grupo de cooperación al desarrollo de la Facultad de Informática de la UPM, para solicitar asesoramiento en la parte software a instalar en el proyecto. Surge la necesidad de dotar de sistema operativo a los computadores que tendrán las escuelas beneficiarias de este proyecto. Por lo tanto, se ha decido crear un sistema operativo que consiste en una distribución GNU/Linux que se adapte a las necesidades de dicho proyecto. Esta distribución va acompañada de un manual de usuario y una guía de instalación para facilitar la implantación en los respectivos centros. Se pretende que la distribución esté disponible en un repositorio web y además esté basada en la filosofía de código libre y abierto. ---ABSTRACT---The OEI (Organization of Ibero-American States for Education, Science and Culture) hopes to provide solar energy and Internet access to more than 66.000 schools in Ibero-America, most of them, located in rural zones and of difficult access. With the project “Luces para aprender” (lights to learn), they would like to reduce the digital gap and put an end to the deprivation of the rural communities, supplying access to the Information Technologies, with the aim of contributing to its educative, economic, social and cultural development. The OEI that coordinates "Luces para Apreder" project, requested TEDECO (Technology for Development and Cooperation), which is a group of development cooperation of Facultad de Informática of the UPM, to advice in the part of software installation in the project. There is a need for an operative system that the computers will have in schools that will benefit from that project. Therefore, it has been decided to create an operative system that consists of a GNU/Linux distribution adapted to the needs of the project. That distribution will be accompanied by a user’s manual and an installation guide to help the implementing in the centres. The distribution is supposed to be available in a web, and moreover, will be based on the philosophy of free and opened codes.

On the acquisition of high-resolution maps with open source software and commercials off-the-shelf quad-rotors

Mosaics are high-resolution images obtained aerially and employed in several scientific research areas, such for example, in the field of environmental monitoring and precision agriculture. Although many high resolution maps are obtained by commercial demand, they can also be acquired with commercial aerial vehicles which provide more experimental autonomy and availability. For what regard to mosaicing-based aerial mission planners, there are not so many - if any - free of charge software. Therefore, in this paper is presented a framework designed with open source tools and libraries as an alternative to commercial tools to carry out mosaicing tasks.

Comunicação social com software livre

A tecnologização que a sociedade experimenta nas últimas décadas trouxe a profusão de máquinas informatizadas e seus sistemas de operação. Neste período a indústria desenvolveu sofisticados e caros softwares aplicativos proprietários para o pleno uso destas máquinas, o que colocou boa parte do mercado social nas mãos de poucas empresas multinacionais, entre elas, a Microsoft, e outras. Mas, o espírito libertário de membros das comunidades científicas e hackers promoveu o desenvolvimento do software livre e aberto, que pode ser usado como bem social mais amplo e, principalmente, evoluir no melhor do espírito colaborativo. O presente trabalho estuda os dois modelos de produção de software, os compara visando tornar evidentes as qualidades de cada um, seus custos, rendimentos e possibilidades de adoção. Projeta a possibilidade de que as habilitações da área da comunicação possam migrar para o modelo de software livre, dadas as plenas qualidades deste sistema, a radical redução de custos e as constatações que amplos segmentos da produção audiovisual os está adotando. Para tanto, compara as experiências aplicadas com ambos os sistemas em dois cursos de comunicação, em sua habilitação de Rádio e Televisão.(AU)

El profesorado de música y el uso del software libre

El trabajo que aquí se presenta se ha realizado con el objetivo de constatar la necesidad de formación en software libre por parte del profesorado. Este trabajo pretende averiguar el grado de utilización de las TIC por parte de los maestros de primaria de educación musical así como el nivel de conocimiento del software libre.

Investigation of the Effect of Array Geometry on the Performance of Free-Space Optical Interconnects

The effect of transmitter and receiver array configurations on the stray-light and diffraction-caused crosstalk in free-space optical interconnects was investigated. The optical system simulation software (Code V) is used to simulate both the stray-light and diffraction-caused crosstalk. Experimentally measured, spectrally-resolved, near-field images of VCSEL higher order modes were used as extended sources in our simulation model. In addition, we have included the electrical and optical noise in our analysis to give more accurate overall performance of the FSOI system. Our results show that by changing the square lattice geometry to a hexagonal configuration, we obtain an overall signal-to-noise ratio improvement of 3 dB. Furthermore, system density is increased by up to 4 channels/mm2.

Novel array geometries for free-space optical interconnects with improved signal-to-noise ratio

We investigate the effect of transmitter and receiver array configurations on the stray-light and diffraction-caused crosstalk in free-space optical interconnects. The optical system simulation software (Code V) is used to simulate both the stray-light and diffraction-caused crosstalk. Experimentally measured, spectrally-resolved, near-field images of VCSEL higher order modes were used as extended sources in our simulation model. Our results show that by changing the square lattice geometry to a hexagonal configuration, we obtain the reduction in the stray-light crosstalk of up to 9 dB and an overall signal-to-noise ratio improvement of 3 dB.