Synopsis:

Anyone can acquire property by usucaption when he develops, uses and refines a software and he has source code and program data available.

Case:

Tizio, a computer engineer, develops an advanced experimental word hypertex processing software, storing the source code and data of the entire program on his personal computer.

Subsequently, he entrusts his computer to his colleague Caio, allowing him to use it, and decides to emigrate to the United States, where he remains for more than twenty years without asking for the restitution of the device to Caio.

Then, Tizio learns that Alfa software is marketed in Italy by Caio, which in the meantime had maintained the availability of the computer, as well as the source code and the program contained in the device of Tizio, developing its various versions.

Tizio goes to his lawyer to ask for software restitution and protection of his rights to Caio, who in turn intends to claim that he has acquired hardware and software property by usucaption.

Quid iuris?