問30
頻出度★★★
著作権に関して, 次の記述中の a, b に入れる字句の適切な組合せはどれか。 a は著作権法による保護の対象になるが, b は対象にならない。
令和7年度 ITパスポート試験 問30
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 30
Incorrectア
The algorithm in slot a is the "procedure or method of solving a problem (an idea)" itself, which is not subject to protection under the Copyright Act (because it is not an expression). Since slot a is the column for something that is protected, it is inappropriate. The operation manual in slot b is, on the contrary, something protected as a work of language, so it also does not fit slot b, which is for something that is not protected.
Incorrectイ
The algorithm in slot a is a method of solving and an idea, not an expression, so it is not subject to protection under the Copyright Act and does not fit slot a, which is for something that is protected. The communication protocol in slot b is correct, but since a is wrong, the combination is inappropriate.
Incorrectウ
The source program in slot a is correct (it is something that is protected), but the operation manual in slot b is a work of language written out concretely in text and is something that is protected, so it does not fit slot b, which is for something that "is not subject to protection". Therefore the combination is inappropriate.
- エ
正解 The Copyright Act protects not ideas or methods of solving themselves, but the concrete "expression" in which they are written out. Slot a takes something that is protected: a source program is an expression written out concretely in a programming language, and it is protected as a program work. On the other hand, slot b takes something that is not protected: a communication protocol is an "agreement or convention" by which devices communicate with each other, which falls under ideas and conventions, so it is not subject to protection under the Copyright Act. Therefore the combination a = source program, b = communication protocol, namely "エ", is correct.
ここがポイント
- The Copyright Act does not protect ideas, methods of solving, or conventions (such as algorithms and communication protocols); it protects the concrete "expression" in which they are written out (such as works like source programs and operation manuals).
- For program-related content, grasp this typical distinction: a source program is protected as a work, whereas an algorithm and a communication protocol are not subject to protection.
用語