Research On The Problems Of The Protection Of Computer Software In China

This article originates from the discussion about the computer software protection level between scholars after the publication of new Computer Software Protection Statute, which went into effect in 2001. The essence of this debate is a game between right holder's interests and the public interests. Through the survey on the new statue, the author wants to establish the theoretical foundation of computer software protection system in our country and analyzes some important questions in the new statute.The author commences with the analysis of the concept of property, and discusses the essence and character of property, then expounds the essence and attribute of the computer software copyright, i.e. it is a kind of monopoly right to produce and manage, which is of scarcity. Then the main theoretical foundation of the building of the protection system of computer software is expatiated. As to the lawmaking protection mode of computer software, the author also thinks the protection mode by copyright law is of advantage but not perfect. As to the reasonability of the right holder's interest, the author expounds the following two aspects of the labor theory of property and the theory of encouragement. As to the reasonability of the public interests, the author sets forth from the labor theory of property and the theory of personality. At the same time the systematic guarantee on the public interests is analyzed. Lastly the author discusses the two extrude problems in the protection system of computer software, i.e., the problem of software pirate and the protection level of computer software. As to the soft pirate, the fundamental method is to decrease the legal software's price at present. As to the protection level of the computer software in China, the regulation of the third level's protection is not reasonable.