-
1.
Article 64quater(2)(c) of Law No. 633/1941 prohibits licensees from using information obtained by reproducing the source code “for developing, producing or marketing a computer program that is substantially similar in its expressive form, or for any other activity that infringes copyright”.
-
2.
However, once the creativity of a reproduced work has been established, the protection afforded by the above rule can be invoked only if the licensee’s reproduction results in a product that is “similar in its expressive form”.
This is a preview of subscription content, log in via an institution to check access.
Author information
Consortia
Additional information
Publisher's Note
Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.
Translated from the Italian by Gwyneth Little.
Rights and permissions
About this article
Cite this article
Ales S.r.L v. HP Enterprise Services Italia S.r.L. Italian Copyright Statute (Law No. 633/1941), Art. 64quater; Civil Code, Arts. 1175, 1375, 2598. “Ales v. HP ESI”. IIC 53, 1131–1133 (2022). https://doi.org/10.1007/s40319-022-01228-0
Published:
Issue Date:
DOI: https://doi.org/10.1007/s40319-022-01228-0