問15
頻出度★★★
ディジタルコンテンツのコピープロテクトは, ディジタルコンテンツに関する著作者の権利を保護するための技術である。コピープロテクトを無効化する機能をもつプログラムの販売を禁止しているものはどれか。
平成27年度 春期 ITパスポート試験 問15
ストラテジ系法務 › 知的財産権
This question's explanation and your answers so far.
解説
問 15
Incorrectア
The “Standards for Measures Against Unauthorized Computer Access” are guidelines issued as a notification by the Ministry of Economy, Trade and Industry (the Ministry of International Trade and Industry when they were established), covering measures to prevent, detect, and recover from unauthorized access. They are not a law, so they cannot impose a sales ban backed by penalties. Their content consists of recommended security measures and has nothing to do with copyright or with regulating the distribution of copy-protection circumvention programs.
- イ
正解 The correct answer is イ “Copyright Act”. The Copyright Act is the law that protects the rights of authors who create works (including digital content), and it defines rights such as the right of reproduction. The copy protection in this question is a “technological protection measure” that protects that right of reproduction by technical means. For devices and programs whose sole function is to circumvent such a technological protection measure, the Copyright Act prohibits transferring or lending them to the public, manufacturing, importing, or possessing them for the purpose of transfer to the public, and making them available for public use, and it provides penalties (Article 120-2). In other words, the law that prohibits selling the very programs that disable copy protection is the Copyright Act. Also worth remembering: if you use such a program to remove copy protection and then make a copy, the exception for reproduction for private use does not apply, and it becomes copyright infringement.
Incorrectウ
The Telecommunications Business Act is a law that sets out business regulations concerning the provision of telecommunications services, such as registration and notification of telecommunications carriers and protection of the secrecy of communications. It targets networks and service providers, and it has no provision prohibiting the sale of programs that disable copy protection of works.
Incorrectエ
The Act on the Prohibition of Unauthorized Computer Access (Unauthorized Computer Access Act) prohibits acts such as using someone else's ID and password without permission to break through the restrictions of an access control function and use a computer over a network, as well as improperly obtaining or providing IDs and passwords for that purpose. What it protects is “access control”, not “copy protection (restriction of copying)”, and regulating the sale of circumvention programs is outside its scope.
ここがポイント
- The Copyright Act prohibits transferring or selling devices and programs whose sole function is to circumvent technological protection measures such as copy protection, and copying done with them constitutes copyright infringement even when it is for private use.
- Distinguish the scope of easily confused rules: the Copyright Act covers works and authors' rights; the Unauthorized Computer Access Act covers breaking through access controls such as IDs and passwords; the Telecommunications Business Act covers regulation of the telecommunications business; and the Standards for Measures Against Unauthorized Computer Access are not a law but guidelines issued as a notification.
用語