Fair Use On Reverse Engineering Of Computer Software In China

software reverse engineering,the process which is cracking,copy,use the core techn-ology of others,is the one of the important ways to learn software technology.In the 1-aw its legitimacy is controversial.And in practice the action of reverse engineering oft-en encounters infringement suit from software holder.The legislation and practice in m-any countries has proved that software reverse engineering is the powerful tool to im-prove software industry level and balance of public interests and private interests.It s-hall be legalized.In China,the law has not set clear rules for the fair use of software r-everse engineering.The legal loopholes of application still exist in large.Mainly with t-he copyright law as the starting point,this thesis is going to look for the foundation o-f legitimacy on software reverse engineering in combination with other multiple legal categories.This paper will be divided into four parts:Chapter One gives an account of concept,causes,advantages and disadvantages of s-oftware reverse engineering to clarify the controversy of source and crux.Chapter Two analyzes whether software reverse engineering is an infringement by four requisites in constitution of tort liability.Through discussing the damage,tort,causali-ty and fault,it follows that reverse engineering itself is not against the law.Chapter Three analyzes the legitimacy of software reverse engineering in theory a-nd the necessity of setting into fair use under the copyright law,matches the detail of software reverse engineering to the current clause of fair use and related regulations,pu-ts forward the points about applicable law for software reverse engineering and finds the existing problems combining the advanced legislation practice.Chapter Four relates respectively the patent law,contract law,the anti-unfair compet-ition law,antimonopoly law and software reverse engineering to further clarify its legit-imacy.Gives theoretical support to legitimacy reseach and ensures compliance with the condition of multiple laws.Proposes legislation proposals on fair use system of softwa-re reverse engineering based on status of the software industry in our country,and giv-e our software company some advices about implementing software reverse engineerin-g legally at the present.