#choppedporks

[techwizard1000]

To fix or not to fix - that is (or was?) the problem!

Image by JohnArtsz from Pixabay

When a bug hits your licensed software and you business trambles, there is nothing you can do about it but to hope that the developer of that program will fix it, right? Not anymore, and here is why.

The cost of bugs

“Every company is a software company. The ability for engineering teams to deliver high quality software at velocity is the difference between companies that gain a competitive edge versus those that fall behind.” - Barry Morris, CEO Undo.

In 2013, Cambridge University estimated the global cost of software failures to be $316 billion annually. A more recent study published by the Cambridge Judge Business School, in collaboration with Undo, found that for the North American enterprises alone, debugging software errors cost $61 billion and consume a total of 620 million developer hours every year. In terms of enterprise value, this equals a loss of $1.2 trillion for the shareholders annually. As the software industry continues to grow and become more complex, the debugging costs are likely to rise as well, highlights the study.

Are you curious what software bugs might accomplish? Take a look at Choppedporks’s YouTube video to find out:

Well, of course, let’s face it, most companies will not encounter program errors that would lead to devastating results like the ones shown by Choppedporks’s video. However, for many companies running a profitable business, a mere hick-up in software programs might prove devastatingly costly. In today’s fast-moving world, how many times would you be willing to try a service that did not properly function the first time?

My guess is, not many! And, most likely, you just might feel tempted to share your experience with a couple of your closest friends on Facebook, Twitter or whatever social platform you are using. So, from a company perspective, fixing software bugs quickly is highly important to avoid customer outflow, and costs arising from re-building the company’s reputation.

What is there to do then? Does the company have the right to look under the hood and fix the bug? But wait a minute - doesn’t that constitute an infringement of the author’s rights? The CJEU issued a judgement that sheds light on the rights and obligations of the software licensor and licensee, and also, this will influence the drafting of licence agreements going forward.

A landmark decision issued by the CJEU

On 6 October 2021, the Court of Justice of the European Union (‘CJEU’) issued a landmark decision in Top System SA v Belgian State (Case C-13/20) providing that a lawful acquirer of a computer program is permitted, under certain terms, to correct errors that affect the functioning of that program.

What is this case about?

The Selection Office of the Federal Authorities (Belgium), ‘SELOR’, had licensed a software from Top System SA, a Belgian computer program developer company. The applications SELOR used were partly custom-made and partly taken from a program called the Top System Framework (the ‘TSF’) that was authored by Top System.

Top System had not fixed the errors affecting the functioning of the program and SELOR had decided to fix the issue by decompiling the TSF licensed software. As a response, Top System claimed that under Article 5(1) of the Software Directive (91/250/EEC, repealed by Directive 2009/24/EC) decompilation was not allowed for error correction but would only be acceptable for the purpose of interoperability of independent software outside the contractual framework under Article 6.

The Advocate General's Opinion

Advocate General Szpunar’s Opinion advised the CJEU to hold that in the absence of specific contractual provisions, the lawful acquirer of a computer program has the right to correct the errors affecting its functioning provided that the program continues to be used following its intended purpose.

In addition, the Advocate General noted that in an absence of a contract stating limitations to error correction, then the lawful acquirer is allowed not only to correct the error but also to locate where in the program amendments are needed to solve the malfunctioning of that software. This means that the lawful acquirer must keep within the limits of the contractual obligations and act only to the necessary extent.

Furthermore, performing such decompilation to correct errors is not subject to the Article 6 requirements, noted the Advocate General.

The CJEU’s judgement

The CJEU took into account the opinion of the Advocate General and found that Article 4 provides non-exclusive rights to the author, such as reproduction, translation, adaptation, arrangement, and any other alteration of a computer program. Even though decompilation as such is not expressly included in the non-exhaustive list, the decompilation of a computer program includes performing acts that fall under the exclusive rights of the author.

However, Articles 5 and 6 provide limitations to the rights of the licensor in such situations when the use of the computer program requires fixing the bugs and there is no specific contractual agreement on corrective actions between the parties. The Court further concluded that Article 6 has a different purpose concerning the acts necessary to ensure the interoperability of programs created independently.

How does this judgement impact drafting license agreements?

This decision clarified that when drafting the license agreement, the copyright holder cannot deny the licensee the possibility of correcting the errors in the computer program without the prior consent of the rightsholder. However, the parties can contractually agree on how corrective maintenance is to be ensured.

Moreover, if the licensee has the capabilities and decides to decompile a malfunctioning computer program to correct its errors, it should be kept in mind that this is only allowed to the extent that actions taken are necessary and in compliance with the terms of the license agreement.

There has not been any major wave of criticism after the judgement came out which indicates that its content did not come as a big surprise.

If you found this interesting, take a look at a blog by Brad Spitz (Kluwer Copyright Blog, 21 August 2020) on IT Development SAS v Free Mobile SAS, Case C-666/18: The breach of an IP clause of a software licence agreement constitutes a copyright infringement.

[socialsf]

#breakfastporn #sundaybrunch #friedpotatoes #choppedpork #peppers #friedegg #damnit #brokenyolk #sundaystyle #lifedoesnotsuck https://www.instagram.com/p/B3SsASUn0-1/?igshid=m3sua5t6v4dt

[brenovablog]

Fanci is elated to have a three day holiday weekend and to make things better, she doesn’t have to cook a thing. Her love made sure that their favorite rib joint “Ralo’s Ribs ‘n Fixins” had delivered a full picnic. All Fanci had to do was to set the table outside and put the feast on the table. Stay tuned to meet fanci’s true love. #barbeque #ribs #onesixthscale #barbie #mtmbarbies #choppedpork #turkeyleg #icewater #soda #sweetpotatofries #bbqshortribs #brenovatown #brenovatownresidents #brenovablog (at Brenova Town) https://www.instagram.com/p/CQ6kIz5JNVV/?utm_medium=tumblr

[gullahislandfarmer]

Saturday we attended a down home event that included a hog roast, fish fry, making country sausage and pudding, fish stews, rice, collard greens and other deliciousness! We were the guests of our new friend Marvin Ross of @peculiarpigfarm and his family. What a treat it was to meet new people and eat well!! Wish we had more pictures!! Chef Marcus Middleton of @middletonmadecuisines fried the fish and kept it coming!! @chefbjdennis prepared a fish stew that everyone was waiting to taste. #rural #rurallife #ruralsc #pigroast #hogkillingtime #countrypuddin #countrysausage #pigfeet #choppedpork #pulledpork #porkrinds #crakling #sclowcountry #blackhistorymonth #southernfoodways #southernfoodie #southernfoodwaysalliance #countryfoodie #blackfoodtraditions #gullahgeechee https://www.instagram.com/p/CLnW9kxhGl1/?igshid=nj80alpd2ow0

[valuestees]

A Cow, a Pig and a Chicken walk into BBQ the End 🥩 https://www.amazon.com/dp/B07YZB9MJV #realmen #barbecue #grilling #smoking #bbq #barbeque #beer #bloody #slaughter #barbacoa #boozing #drunkeness #choppedpork #barbecuing #pulledpork #farmlife #barntime https://www.instagram.com/p/B3kGQwXI-pS/?igshid=fvacz8i0jwkn

[fantroll-purgatory]

man, i need handle ideas for a troll who is a failed competitive eater who is also really into reckless motorcycle driving (she does it out of frustration). also can't think of a land for her either..

My first thought was gluttonousPunishment as a reference to ‘glutton for punishment’, even if that’s not 100% fitting I think it’s a fun joke. 

choppedPork could probably worked, too, as a joke about motorcycles being called Choppers and Hogs on top of pigs being known as big eaters. ...Hell, you could probably swipe roadHog if you really wanted. 

chopperChomper works for similar chopper/big eater jokes! 

As for land, that’s a little more tricky... we’d have to know more about her to help with that! 

-CD

[tuckeat]

Fascinating fresh chopped pork from Danny's Bar-B-Que? Order from TuckEat and use code: T10 to get 10% off.

Order Now!

👇🏻👇🏻

https://bit.ly/3jhjNsO

#pork #choppedpork #porklovers #northcarolinafood #ncfoodfinds #ncfood #cary #carync #caryfoodies #apexnc #charlottenc #charlottencfood #morrisvillenc #morrisvillefood #raleighnc #raleighfoodpics #wakeforestnc #downtowncary #concordnc #ncbloggers

[txbut]

No Icebergs were not harmed in making this sammie. Buttons are no longer hanging on... 👖 . . #texasbutter #pahcon #smoked #brisket #choppedpork #dirtyleg #sowflakes #rust #bbqsauce #htxfoodie #buzzfeast #madeintexas #route66ilmito #hungryoutlaw #chicoryco #713atme #my_365 https://www.instagram.com/p/BTajY6ODxYA/

[bellaphon]

Pek McMuffin by Mr Wrong Via Flickr: #fatlescooks #pek #choppedpork #muffin #cheddar #lockdown #friedegg

[weeklylunchbox]

This lunch box included Taiwanese Rurohan, fried zuchini, and boiled egg. Rurohan is a famous Taiwanese traditional food, and stewed choppedpork on rice. I found easy receipe of Rurohun, and made it. It was a little bit too sweet, but delicious. The receipe was written by Nanako Hoshino, and in her book. I enjoyed this lunch very much.

[cocinasabrosa]

No Icebergs were not harmed in making this sammie. Buttons are no longer hanging on... 👖 . . #texasbutter #pahcon #smoked #brisket #choppedpork #dirtyleg #sowflakes #rust #bbqsauce #htxfoodie #buzzfeast #madeintexas #route66ilmito #hungryoutlaw #chi

[ofertasjamones]

RT @Guetillo: ¿Hay gente comparando la SuperBowl de Katy Perry con esto? JAJAJAJAJAJAJA! ¿Desde cuando se compara el choppedpork con el jamón de bellota?

http://ifttt.com/missing_link?1486372929

[valuestees]

Real Men smell like BBQ 🔥 https://www.amazon.com/dp/B07YZ93N88 #realmen #barbecue #grilling #smoking #bbq #barbeque #beer #bloody #slaughter #barbacoa #boozing #drunkeness #choppedpork #barbecuing #pulledpork #farmlife #barntime https://www.instagram.com/p/B3kGNiQod82/?igshid=14cfwhfltmbip

[valuestees]

Support your Local Farmers 👨‍🌾 https://www.amazon.com/dp/B07YZHWBNH #barbecue #grilling #smoking #bbq #barbeque #beer #bloody #slaughter #barbacoa #boozing #drunkeness #choppedpork #barbecuing #pulledpork #farmlife #barntime https://www.instagram.com/p/B3kF59lItGe/?igshid=6ratvr36nnth

[valuestees]

Pit Crew cow, pig and chicken 🐮 🐷 🐔 https://www.amazon.com/dp/B07YZHCFTQ #barbecue #grilling #smoking #bbq #barbeque #beer #bloody #slaughter #barbacoa #boozing #drunkeness #choppedpork #barbecuing #pulledpork https://www.instagram.com/p/B3kF0eTI-ct/?igshid=eebkn4nau0j9