L’accesso al codice sorgente: Alcune considerazioni su libertà, conoscenza e concorrenza in margine al caso Microsoft

Abstract

Access to software is considered, with regard to the discipline provided by Art. 64 quater of the Italian Copyright law (which provides for a limited permission to decompile software). It is argued that in the proceedings stated by UE Commission against Microsoft a different approach emerges, according to which not only it is licit to decompile, even without the permission of the copyright holder, but the latter has the positive duty to provide sufficient information.