Research On The Infringement Of Copyright Of Computer Software

In our country, because of the serious phenomenon of infringing upon the copyright of the computer software at present, it has important realistic meaning to research on the question of infringement of the computer software copyright. This dissertation, which is supported by general tort theory, draws lessons from the academic results in the field of copyright and other intellectual property rights field, to probe into the question of the asserting of tort of computer software copyright and of the compensation for infringement of computer software copyright, etc..The discussion on the types of torts is the beginning of this paper. With the type of the computer software copyright as the criteria for classification, the author analyzes the torts of computer software copyright in terms of right content, and then discusses how to assert the torts of copyright of computer software. During the process of probing into the present legal standard and technological method of asserting Infringement of the computer software copyright, the author puts forward his own opinion on the questions of Application of SSCK the standard of proof of "Access" of "Substantial Similarity and Access", etc. About the question of the relief of the damaged copyright, considering the special circumstances in the field of computer software copyright, the author makes preliminary research on the principle of compensation for damage.the range and computing method of compensation for damage, drawing lessons from the general theory of compensation for damage. As exemptions of infringement of computer software copyright, the question of Fair Use. Exhaustion of Right and Reverse Engineering are discussed especially.asserting...