On The Infringement Liability Of Software End Users

"There isn't a lack of person with software technique, but a lack of law system and surroundings of Intellectual Property's protection in China."somebody said. In a long period of time,China computer software piracy is very serious. You can hear "do you want to buy game software?" at around the technology market; within our friends and ourselves who can use the computer, there are few people using legitimate software.At the same time,from the operating system to common office software,the situation of our software industry is not optimistic. As a famous software company,the WPS think,their biggest enemy is not the Microsoft Company,but piracy.Their enormous R&D investment can not be due return,because so much piracy software is flooding the market.So the software developers strongly urge the use of piracy software users responsibility,including the end users.As intellectual property is a double-edged sword.We should protect the rights of software developers,and we must also pay attention to their dissemination of culture, the promotion of public welfare function. About the level of China's software protection,we should be consider with the international competition and cooperation,on the other hand,with operable to "have the Chinese personality",we must be based socio-economic development of China's reality,without ingoring our own laws and cultural traditions and moral habits.There is no doubt that it is conductive to the development of our software industry.In this paper,starting at China's software end-user infringement liability historical investigation, the anthor advances the "computer software end-user" concept and characteristics and the elements of computer software end-user tort liability,and finally through a comparative study raise China's software end-user inadequate legislation and perfection.Using the unique characteristics of computer software as the starting point,the first part describes and analyzes the end-user computer software concepts and features,and does a comparative analysis between end-user computer software works with the traditional end-users and network users to download,at the same time in accordance with different criteria its classified.The second part analyses if the computer software end-users use unauthorized software whether or nor ir is an infringement. From the "functional use" approach,the element of tort liability between the computer software end-users and the traditional works end-users should be different.And from the principles and benefits balanced in terms of law and economics of computer software end-user infringement liability conduct a correlation analysis.From the perspective of comparative law the third part assess the infringement liability of the computer software end-users. Regarding the use of computer software end-users of unauthorized software infringement liability legislation in the countries of varying leves of protection,the author analyzes the relevant legislation of the Unite States,the EU, Japan and China's Taiwan region.There is no doubt that this must be a reference for the legislation of our end-users computer software infringement liability.On the basis of comparative analysis of different countries, the forth part of the paper points out our level of computer software protection should not be too strict or too broad,focusing on China's actual conditions. It should not in a "super world-class" and we should look inte part of the computer software end-user. Therefore the author analyzes the problem of the existing Chinese laws' provisions regarding computer software end-user infringement liability and considers the future legislation on it.