AUTHOR: Krishna Yadav, City Academy Law College, BA LL.B /4th year
ABSTRACT
The rapid growth of the software industry has made source code an important commercial and intellectual asset. Software companies invest considerable resources in developing programmes, algorithms, database and technical systems. At the same time, the digital character of source code make it vulnerable to unauthorized access, copying, disclosure and misuse.Indian law provides protection to software principally through copyright law, while the Information Technology Act, 2000 addresses various forms of unauthorized access and computer-related crimes / misconduct.The Bharatiya Sakshya Adhiniyam 2023 has further strengthened the framework concerning electronic and digital records.
This paper examines cybersecurity as a complementary tool for protecting and enforcing software intellectual property rights. It argues some cybersecurity measures such as access control, authentication, encryption can prevent unauthorized access and when theft occurs, assist in preserving evidence required for legal proceeding.The paper also examines important Indian judicial decisions related to software copyright, confidentiality and intellectual property protection.
Keywords:
Source code, Cybersecurity, Intellectual Property, Software copyright, Confidentiality information, Digital evidence, Cyber law.
1 INTRODUCTION
Software has become an essential part of modern commercial activity. Almost every sector, including banking, healthcare, education, communication and e-commerce depends upon computer software. Behind these applications is source code, which contains the instructions and logic through which a software programme operates. The legal protection of software in India is primarily based on Copyright. Section 2(o) of the Copyright Act, 19571 includes computer programming within the definition of literary works, while section 2(ffc) specifically defines a computer programme. However, copyright protection alone cannot prevent unauthorized access. This is where cybersecurity becomes relevant. Technical measures can prevent unauthorized users from accessing source code.
1.1 BACKGROUND :
With the rapid globalization and digitization around the globe, the whole world is now in one another way in digital platform or media, which greatly increases the threat of cyber fraud and cybersecurity and can threaten individual property and individual personal right. Therefore the cyber security has emerged as a tool for protection and promotion of individual- Intellectual property and Intellectual personality.
2 . Understanding Source-Code Theft:
Source code theft is the act of stealing proprietary software source code – either committed either by –
a) dishonest employee,
b) a contractor, or
c) an external hacker and claiming or using it without authorization.
In India, it is a criminal offense punishable under (sections 43, 65, 66 and 66B) of the Information Technology Act, 20002 and also punishable under (Section 63) of the Copyright Act, 1957.Source-code theft may be taken in several forms. It can involve:
Unauthorized downloading of source code, Unauthorized access to private repository Hacking of development servers; Use of stolen credentials Theft by employee or contractor or an external hacker.etc.
3. Cybersecurity and Digital Evidence :
The connection between cybersecurity and law enforcement becomes particularly important where an incident has already occurred. Suppose a company discovers that its confidential source code has been copied. The Bharatiya Sakshya Adhiniyam, 20233 provides the present evidentiary framework for electronic and digital records. Its provisions concerning electronic records are important in cases where digital material is relied upon before a court. .Cyber security records should consequently be maintained in a reliable manner. Poorly maintained server logs may make it difficult to establish the integrity and authenticity of electronic
4. Cybersecurity and IP Enforcement:
The integrated model the central argument of this research can be represented as follows: Intellectual Property rights
↓
confidentiality and contractual obligations↓cybersecurity controls
↓
Detection of unauthorized access
↓
Digital investigation
↓
Electronic evidence
↓
civil/criminal/legal enforcement
This demonstrates why cybersecurity should be regarded as part of IP enforcement rather than merely as an independent technical discipline.
4.1 Digital Personal Data Protection Act, 2023
India’s rapid digitization created urgent demand for a comprehensive data protection framework. The DPDP Act, 2023 represents India’s most significant legislative step forward in connection with global privacy standards.Enacted against the backdrop of the Supreme Court’s Puttaswamy Judgment (2017) which recognized Privacy as a fundamental right, the DPDP Act establishes rights-based data governance for Indian citizens. The act also provides for cross-border data transfers to “adequacy-notified” countries and establishes a Data Protection Board of India for adjudication of complaints.4
4.2 Case laws
K.S.Puttaswamy v Union of India (2017)5, The nine-judge constitutional bench decision, the Supreme court unanimously recognized the right to Privacy as a fundamental right under Article 21 of the constitution. The judgment provided the constitutional foundation for data protection legislation, directly leading to the enactment of the DPDP Act, 2023.
State of Tamil Nadu v Suhas Katti (2004)6, This was the first conviction under the IT Act in India, where the accused was found guilty of sending obscene and defamatory messages about a woman through electronic media, with the case being resolved within seven days demonstrating the efficiency potential of cyber courts.The case set a Judicial Precedent for judicial intervention in online harassment.
5. Conclusion
Cyber source code theft represents a significant challenge in the digital economy. Source code is the most basic code upon which a program is built. Both source code and object code are entitled to be Intellectual Property as long as they are unique under the Copyright Act, 1957.So the principal conclusion of this research is that cybersecurity should be treated as an integral component of modern intellectual enforcement.
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