問29
頻出度★★★
不正な販売行為を防ぐために, 正当な理由なく映像ソフトのコピープロテクトを無効化するプログラムの販売行為を規制している法律はどれか。
令和5年度 ITパスポート試験 問29
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 29
Incorrectア
The Trademark Act protects, through registration, trademarks (brand names and logos) that serve as marks for goods or services. It regulates trademark infringement (the unauthorized use of another party's trademark) and has nothing to do with selling a program that disables copy protection, so it is wrong.
Incorrectイ
The Act on Specified Commercial Transactions targets transaction types prone to consumer disputes, such as door-to-door sales, mail-order sales, and telemarketing sales, and protects consumers through measures like cooling-off periods. It governs the «method» of selling, not the sale of the copy-protection-disabling program itself, so it is wrong.
Incorrectウ
The Act on Prohibition of Unauthorized Computer Access prohibits the act of intruding into a computer for which one has no legitimate authority by misusing another person's ID and password over a network (unauthorized access). It does not cover the sale of a program that disables copy protection, so it is wrong.
- エ
正解 The correct answer is エ, the «Unfair Competition Prevention Act». This law protects fair competition among businesses, and one of the things it regulates is the «circumvention of technical restriction measures (such as copy protection)». Selling or transferring, without a legitimate reason, a device or program that disables the copy protection of video software and the like is regulated by this law as an act of unfair competition. Because this directly matches the condition in the question, «a law that regulates the sale of a program that disables copy protection», エ is correct.
ここがポイント
- The Unfair Competition Prevention Act regulates, as acts of unfair competition, the sale and transfer of devices or programs that circumvent technical restriction measures (such as copy protection) without a legitimate reason.
- Distinguish the scope of each law related to intellectual property and transactions: Trademark Act = protection of trademarks (brands); Act on Specified Commercial Transactions = sales methods and consumer protection; Act on Prohibition of Unauthorized Computer Access = unauthorized intrusion into computers.
用語