Citation[]
European Commission, Report from the Commission to the Council, the European Parliament and the Economic and Social Committee on the implementation and effects of Directive 91/250/EEC on the legal protection of computer programs, COM (2000) 199 final (10.04.2000) (full-text).
Overview[]
On the occasion of the adoption of a common position on Directive on the Legal Protection of Computer Programs (1991), the Commission made a political commitment to produce a report on the implementation and effects of the Directive. This report is substantially based on a study carried out by external consultants and finalised in 1997, together with the Commissions own findings, including comments from interested circles on the legal protection of computer programs.
The overall results show that the objectives of the Directive have been achieved and the effects on the software industry are satisfactory (demonstrated for example by industry growth and decrease in software piracy). On the basis of these results there appears to be no need to amend the Directive.
Some specific issues raised by industry (the distribution right and communication to the public, back-up copies, remedies, and technical devices) are addressed. While the Commission concludes that no amendment of the Directive in these respects is appropriate at present, this is not to rule out the possibility of adjustment at a later stage in the light of other developments.
Finally reference is made to related Community initiatives, specifically the patentability of computer software (which would complement the existing copyright protection) and the Green Paper on combating counterfeiting and piracy in the single market, which would be the appropriate context for further action on software piracy. Member States' attention is drawn in particular to the importance of government policies on the use of legal software.