Marcinoska-Boulangé - legal aspects of new technologies

In April of last year, we pondered the legal aspects of e-sport and stated that its status in Poland is unregulated. This situation may change with the recently published proposal to amend the Sports Act, drafted by the Ministry of Sport and Tourism.

The mobile game Pokémon Go became incredibly popular in just a few days, in Poland and everywhere else. The game uses a technology of augmented reality (AR). With maps and GPS, it overlays computer-generated 3D graphics and sound onto the real world as seen by a smartphone camera. To become a Pokémon trainer, the player has to put on sturdy shoes and head out for a real, live walk through the woods and around the streets.

In the last couple of years we have seen in our legal practice a great increase in the number of cases related to cybercrime (an issue we discussed in the firm Yearbook, at pp. 7–9). Many cases involve attacks on Internet bank accounts from which criminals steal money, mainly using “phishing” methods, sometimes cleaning out customers’ life savings.

Can a controlled attack on a computer system to identify its security weaknesses violate copyright or trade secrets?

In computer games and apps, the use of images of nature, like mountain streams, does not raise doubts in terms of copyright. But the use of architectural structures, such as bridges, monuments or buildings, can be problematic, because they are generally regarded as “works” for copyright purposes.