The insight on how is the characteristic of Open-Source Software related to copyleft creation and the scheme on personal data protection for application developers' personal data.
7. Article 1 Point 1 of Indonesian Law No. 28 year
2014 on Copyright:
“an exclusive right of Creator which arises
automatically based on declarative principle after a
creation is embodled in tangible form without
reducing the restriction in accordance to the Law.”
-Right to transcripts;
-Right to immitations;
-Right to reproduction;
-Right to Publish;
-Right to print and original work.
(one of the types of creations in the field of science).
- Berne Convention in 1971 stated that computer programs and
data compilations were only given the protection as written
works, but in 1976 computer programs were protected as
copyright creations, but in 1976 computer programs were
protected as copyright creations.
- Annex 1C Article of 10 TRIPs on Computer Programs and
Compilationsof Data.
(Economic
Rights)
(Moral Rights)
13. (RISKS)
USER CONTRIBUTORS
only use products
without knowing
the source code
like programmers who modify
products from open source
systems ranging fromdatabases,
code source, web servers to
program languages.
Personal Data
(Obtaining data on open-source sites
or social media is prone to privacy
violations)
The open-source system process
allows contributors to an application
from other countries. It also impacts
personal data protection arrangements
because Indonesia does not yet have its
own governing rules
*OPENNESS*
• Difficult to Restrict;
• Publicly available information;
• Uses Voluntary Process;
• The acquisition of data can be
through access requests,
purchases, orjoint observations.
Developers
PREVENTIVE
REPRESSIVE
1. Electronic License Agreement
(contain the privacy policy);
2. Applying “Privacy by Design”
concept;
1. Taken after actual
violation occurs;
2. Through data privacy
framework (ISO/IEC
27701, NIST, KPMG);
3. Criminal Sanction (UU ITE).