The proven System of cooperation between car manufacturers and suppliers in Germany has made the German automotive industry the undisputed leader on the international stage, a position which must be safeguarded and expanded. Of critical importance in this respect is the maintenance and strengthening of the core competencies of contract partners. One of the prerequisites for delivering this is ensuring that performance in research and development is given appropriate recognition and reward at source. This lecture, which is based on a position paper on behalf of all major German automotive suppliers, is intended to contribute to the above by formulating proposals and requirements in respect of the systemic and legal framework surrounding software distribution, i.e. for sales and licensing. Car manufacturers' cooperation demands must not result in the transfer of the confidential technical knowledge of suppliers - generally the result of years of work - without appropriate reward. In this respect it can hardly be said that vehicle manufacturers would be following the principle of the honest businessman if they were to try to impose alternative or even standardized business models on the already existing individual models of the suppliers. This contribution summarizes the essential elements and provides solutions for all relevant cases. In particular, this contribution describes when and in what form know-how should either be encrypted or disclosed. A complete system description - in technical, commercial and legal terms - forms the basis for the unambiguous clarification of all issues of responsibility and liability between the vehicle manufacturer and the supplier. It is to be prepared by the supplier and should define its responsibilities. Responsibility and liability remain with the vehicle manufacturer until agreement has been reached on the scope of supplier responsibility in respect of the integration of components from outside sources (materials, hardware components, software packages). The business model of the suppliers, which covers ownership of its own know-how over and above the agreed scope of delivery of the device, must be respected without reservation.
Software-Vertrieb: Systemische und juristische Rahmenbedingungen
Software distribution: Systemic and legal framework
2004
12 Seiten, 5 Bilder, 2 Tabellen
Aufsatz (Konferenz)
Deutsch
Software Vertrieb : Systemische und juristische Rahmenbedingungen
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