Legal Framework of Computer Software and Information Licensing in Thailand

Abstract

This dissertation analyzes the development of the law governing computer software and information licensing. Developments in the United States and the European Union are examined and compared with Thai law in order to consider what legal reforms, if any, are needed to encourage the growth of Thailand information industries. Innovation in information technology has caused computer software and information to become vital products for technological development and economic change. Computer software and information have unique characteristics. In particular, they are expensive to produce and cheap to reproduce; they can be used by many people at the same time; and they can easily be copied. For these reasons, owners of these assets often try to control the use of the assets through licensing agreements. Research indicates that existing laws in most countries are inadequate to deal with developments in computer software and information licensing. For example, under U.S. law, Article 2 of the Uniform Commercial Code limits itself to transactions in tangible goods. Meanwhile, the U.S. Copyright Act either is silent regarding important issues in licensing or produces results that owners of software and information assets do not like. In the international arena, debate regarding these issues is growing more vigorous. The European Union has enacted directives for the protection of computer software and databases, and the World Trade Organization has issued the TRIPS Agreement to protect both computer software and information. The idea of developing a uniform law to facilitate computer software licensing has been considered in recent years in the United States. The National Conference of Commissioners on Uniform State Laws produced the Uniform Computer Information Transactions Act (UCITA) in 1999 as a model law. However, UCITA has not been widely adopted by states because it is seen by many as biased in favor of licensors; it is also very long and highly complex. With regard to Thailand, existing laws are more flexible than those in the United States. In addition, the computer software industry in Thailand is small and most software in use is imported from abroad. Adopting UCITA would not be suitable for Thailand because it might unfairly benefit foreign licensors at the expense of domestic Thai licensees. Accordingly, Thailand should wait for an international organization, such as UNCITRAL, to enact a model law for computer software and information licensing that is more balanced. It should be noted that enacting such a highly specific and complex law is challenging amid rapidly changing technology.

Subject Area

Law

Degree Date

8-1-2002

Document Type

Dissertation

Degree Name

S.J.D.

Department

Dedman School of Law

Advisor

Jane K. Winn

Number of Pages

497

Format

.pdf

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