الحماية المدنية لمصنفات تقنية المعلومات ( دراسة مقارنة)

Civil protection for information technology works ) A Comparative study(

The emergence of information technology and the subsequent developments have brought about a fundamental change in the transfer of information that amounts to revolution, and there is no doubt that it is no less important than the industrial revolution, which is the information revolution which brought about a qualitative revolution in how man performs the tasks entrusted to him, and information technology is the greatest technical means known to mankind in the modern era and the most important , influential and helps humanity to interact socially with other people. After the information age cast a shadow over the world, reliance on computer outputs in all its forms became the mainstay of this era. The intellectual capital carried by the information work became the most valuable asset for many countries. The wave of legislation in the field of protecting these works is the third wave of the legislation of the information age or what is called the computer law, which revealed the presence of many shortcomings in the texts of the legislation under comparison that addressed the issue of legal rooting to protect the right holder (whether he is the author of the work, producer, organizer, distributor, or even the consumer). Accordingly, the countries producing informational realized the extent of their increasing importance, the extent of their impact and the need for them in various fields, and they sought to protect them with effective legal protection, so that protection appeared in public and private internal legislation, despite the crystallization of many general principles regulating intellectual property in national laws.
However, the rapid pace of technical progress has shown the need for the role of intellectual property legislation and copyright laws in order to ensure the necessary and appropriate civil legal protection for copyrights of the author. Therefore, the subject has legal and practical importance, and since the phenomenon of the rapid development of these works is something that cannot be ignored, the legislator and legal men must establish controls and foundations commensurate with their special nature and the information obtained from the computer and its outputs, in order to achieve a new type of security and technical stability and to ensure its development in a correct environment. For fair, equitable and awareness of global developments why this study was designed to address some legal problems in order to achieve the best means of civil protection for its owners, and among those problems was the question of the appropriateness of protecting these works in accordance with the civil laws related to the protection of the right to the information work in the information environment? Or do those legislation need to be amended in a way that is compatible with the requirements of the information environment, especially that it is in continuous development and may result in new forms of attacks on the rights of its owners, and what are the risks of the information environment on it, in order to reach an assessment on the appropriateness of the laws in question in their current form to respond to the information revolution when it cast a shadow over those works and addressing the controversial points and problems that the digital environment raises on the rights of the owners of the work, especially since many studies deal with this topic have not indicated or adopted a precise definition of the technical work, which still raises many opinions, as well as an indication of the extent to which some actions carried out by the owner of the work on his work such as publishing through the international information network, especially in light of an environment in which it is easy to publish and modify with ease, quality, and low financial costs.
Therefore, this study comes as an attempt to search for the best method for protecting these works from among the effective methods, as well as the extent and scope of exceptions for their use for scientific or research purposes, and to investigate the necessary protection to confront the attacks and risks that confront these rights, and thus determine whether there are legislative gaps or an indication of the efficacy of the protection systems before or after the infringement occurred, as preventive protection and objective (remedial) protection. Where the first can be obtained through the technical provisions for those works that represent the rights of their owners and the necessary legislative overlap for this, on the one hand, and, an examination of the role that rights management offices can play in conducting the legal actions of rights in those works and what this represents on the other hand. It is the first line of defense for it to prevent the rights of the owners of these works from being overlooked. As for the aspects of civil protection required through the means of objective protection after the occurrence of the infringement, this is represented by searching for the possibility of adapting the general rules of civil liability and its elements of error and damage and the causal relationship within the scope of the information environment and its works, do the practical applications within the scope of these works guarantee the protection of the rights holders in them and what are their practical guarantees, and since we are looking at the possible protection aspects within the scope of the substantive aspect, to find it important to address the means of resolving disputes, whether the obligatory ones represented by the lawsuit or consensual represented by the means of mediation It is important to address the means of settling disputes, whether obligatory ones represented by lawsuits or consensual ones, represented by mediation and conciliation means, and the specificity and importance of each of them within the scope of the information environment.
This study follows three overlapping approaches, the analytical approach, as it has delved into the details of the problem at hand, and then tries to arrange it in a smooth legal idea in a way that could form a legal framework for showing the methods of civil protection for technical works, and in the comparative approach we compared the situation concerning the protection of these works in Iraqi law with the status of their protection in both Egyptian law, Sultanate of Oman law and Algerian law, as well as with French law (with reference to the situation in American law whenever available) for the purpose of clarifying the aspects of agreement and differences between them in the subject of research and focus on the potential deficiencies in some areas of Iraqi law. As for the critical approach, where we have tried to show the pros and cons of the legal systems under comparison and their weight and weighting between them with diligence to express our opinion on them, and this study began from where the previous studies ended, and we do not believe that the subject of the research has reached its end with the study before this one. It will not be suffice for us that we have striven as much as possible and have spared no effort in that, leaving the door open for those who come after us to start with the results and facts we have reached, to what we have reached from a scientific horizon that will not stop at any end, and thus the march will continue.