Software Copyright Infringement And Compensation Study

2009, compelling "tomato garden" network software DaoBanAn in jiangsu province suzhou huqiu district people's court session, and to make the decision. The case after the verdict, if the parties fail to appeal, have happened legal effect. This case is our country through the criminal judicial protection way large-scale software hit the Internet piracy with larger social impacts of together in this case, to win universal praise at home and abroad. As a typical case of judicial protection of intellectual property cases, for our country's software copyright protection will have a significant impact. Therefore involved for software copyright infringement relevant legal issues discussed in this paper.In the first chapter, the key is to case for analysis. First "tomato garden" network software piracy cases, then use the reviews from crime theory, the object, objective aspects of infringing on performance, subjective vicious and subject to the whole situation is analyzed, and the case of the cases the development result and the legal issues have a total grasp and understanding.In the second chapter, what is the software copyright of, what are the software copyright particularity, the software copyright type and characteristics, the software copyright infringement liability are discussed in detail. In this chapter of software copyright infringement, the particularity and the particularity of the protection on the paper comparatively exhaustive, trying to clear through discussing the software copyright infringement comparison from general in the particularity of copyright infringement. At the same time, also for software copyright infringement by the type and characteristics, which makes the software copyright discussed the judgment more accurate and reach the designated position, also some special cases in a list. And for software copyright infringement liability analysis, wanted to practice to trial in software copyright cases help.In the third chapter of software copyright infringement damages and handling disputes are discussed in this paper. From the principle to specific compensation methods, and then to software copyright dispute processing method, the analysis of each progression established a scientifically software copyright infringement eventually problem solving system.Finally, combined with this paper involved in case relevant theoretical knowledge are reviewed, hope to further explain "tomato garden DaoBanAn" network software for the software industry in China protection and development of the great significance.