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平成30年度 秋期 ITパスポート試験 問7

ストラテジ系法務 › 知的財産権

This question's explanation and your answers so far.

問7
頻出度★★★

開発したプログラム及びそれを開発するために用いたアルゴリズムに関して,著作権法による保護範囲の適切な組合せはどれか。

出典 平成30年度 秋期 ITパスポート試験 問7
解説

問 7

※ Our check while writing this explanation could not fully confirm the published answer; scoring follows IPA's official key.

  • Incorrectア

    “Program: not protected” is wrong. A program (a concrete expression such as source code) is protected under the Copyright Act as a program work.

  • Incorrectイ

    The protection relationship is the exact opposite of the correct answer. In reality the program is protected and the algorithm (the solution method) is excluded from protection under Article 10, Paragraph 3, so this combination is wrong on both counts.

  • ウ

    正解 The Copyright Act is a law that protects “expression.” A program is a concrete expression in the form of source code, so it is protected as a “program work” (Copyright Act, Article 10, Paragraph 1, Item 9). On the other hand, the algorithm used to develop the program (i.e., the solution method / the idea itself) is an idea rather than an expression, so under Article 10, Paragraph 3 of the Copyright Act it is clearly excluded from protection together with programming languages and conventions. Therefore the combination “Program: protected / Algorithm: not protected,” namely “ウ,” is correct.

  • Incorrectエ

    “Program: protected” is correct, but “Algorithm: protected” is wrong. An algorithm counts as an idea and is not protected under the Copyright Act (if you want to protect it, that falls within the domain of patent rights).

ここがポイント
  • The Copyright Act protects concrete “expression” but does not protect ideas themselves. A program (code) is protected, but algorithms, programming languages, and conventions (solution methods and ways of thinking) are excluded from protection under Article 10, Paragraph 3.
  • Keep in mind this division of roles: if you want to exclusively protect technical ideas such as algorithms, you protect them with patent rights (software patents), not with copyright.
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