| The infringement of internet cafe operators in the business is fault to use the software without the permission of the rights, whether purchase computers pre-installed with the right person software, or buy their own pirated software and installed in the computer, copy and rent to others for business activities, which constituted the "Computer Software Protection Regulations" specifically enumerated violations of software copyright infringement of the copyright owner. After determining tort liability for, how to determine the cafe operators the amount of tort damages controversy arises. In China, this Internet cafe operators who infringe the copyright of software copyright is universal. The software on the market price is high, It promote Internet cafe operators by way of software copyright infringement lower operating costs. The balance of law, protection of the copyright owner the exclusive right, the other side is the industry development and public interest. In the case of the referees, should reflect the objectives of the special value of the intellectual property system:encouraging innovation, the protection of innovation, and ultimately the maximization of social welfare, and promote the development of social civilization.In this case, we know from one side to the current inadequate system of intellectual property damages. And this paper is to explore ways to determine the amount of damages in such cases, how to solve the same type disputes, how to solve the actual loss calculation software piracy and make calculations to determine the logic and method:to find the balance of interests in the legal basis for the law to find the rules to determine the scope of damages, then the corresponding technical measures (licensing fee) calculated, we can properly identify the cafe operators the amount of tort damages. And reasonable market price (the minimum license fee) within the appropriate range, as appropriate, Internet cafe operators to reduce the amount of compensation.
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