A Study On The Verification Of Computer Software Copyrights Infringement, And Related Damages And Compensation Issues

Computer software industry nowadays is not only thefoundation of high-tech industry and IT industry, but the landmark ofglobal advancements in science and technology, economic development andsocial civilization as well. With the acceleration of pace in digitizationof information resources and networking, computer software copyrightissues have aroused the enormous concerns throughout the world. In regardsto the verification of the computer software copyrights infringement andits damages and compensation issues, the difficulty we are facing withat present is that there is no specific and unified regulations amongcountries, and many problems usually are solved in the judicial practice.which rely on the technical knowledge of individual judges. As a resultit is necessary to conduct a detailed analysis on the legal and technicalissues involved in the software copyright infringement and the relevantdamage and compensations. The first chapter provides a theoretical analysis of the computersoftware copyrights. The author first lays out the theoretical basis ofthe protection of computer software copyrights, and then introducesvarious measures applied by different countries for the legal protectionof software, which include patent protection, business secrets protectionand copyright protection, etc., through which, a conclusion thatcopyright protection is the most effective one is drawn. The papercontinues to analyze the characteristics of the software, and defines theproperty contents of the software, and the conditions under which thecopyrights should be protected, and finally objectively examines theadvantages and disadvantages of copyrights protection.The second chapter, the infringement on the computer software isascertained, the legal attributes is explained by describing thecharacters of infringement and defining the software as special products.It demonstrates the feasibility of looking on the erroneousresponsibility along with erroneous bunt responsibility as criterion ofliability. The judgmental standard is established by the protection ofthe expression thoughts rather than thoughts infringement andverification standard of infringement. Meanwhile, it analyzes the variousinfringement on the copyright, especially on the computer inversedirection engineering. It hope that the help should be given to the trialpractice.The third chapter focuses on the compensation issues concerning theviolation of copyrights, ranging from the compensation principles to thespecific methods to assess the damage. Through the thorough analysis, arelatively comprehensive system in damage evaluation and compensation isestablished.Finally, it reminds us to deepen and improve the existed trialprinciples further and not to erase these principle and successful practical experience because the computer software is special products.Meanwhile, it forecasts the protection to the computer software and therelated lawmaking.