Chapter 6: IT contracting
In the course of digital preservation of business processes, it is not only simple digital documents which need to be archived. Computer programs capable of reading such documents are as necessary as the information itself. It is obvious that digital documents depend on the availability and accessibility of specific software required for their interpretation. As regards software, the variety of, and the constant changes caused by, software developments have decisive significance. Components of computer systems age even faster than data media. Nowadays, information media have a life expectancy of decades, or even only of years. It is well known that computer programs and digital data can only be preserved if they are constantly copied and frequently migrated from one generation of computing systems to the next. The technical approaches to long-term preservation are essentially divided into two categories. First, there are approaches simply aiming to preserve documents in their original state, along with systems that are capable of reproducing them in their original format. In the second category, there are approaches which aim at transforming digital documents into the formats of state-of-the-art rendition systems. In terms of copyright, it needs to be considered whether, and to what extent, these different approaches are legally permissible. Since the use of software, and especially its scope, is primarily determined by the parties in contracts, legal analysis needs to focus on licence agreements as the basic applicable provisions on this issue.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.