Study On Legal Issues Of Electronic Self-help In Software License

Software license is the chief means of transactions on computer information within the electronic commerce field, the access right is transferred from the licensor to the licensee, but the ownership doesn't. The Uniform Computer Information Transactions Act of America is the law of electronic commerce appropriate for Internet Era, it authorizes for the first time to the licensor of software the right of remedy by electronic self-help while the licensee breach the contract. This kind of institution both maintenances the rights and interests of licensor and provides suitable protection for the weak one (generally the consumers) on technology, it is the embodiment about the principle of equity in the software license and will be benefit for the development of electronic commerce. However, since computer information is very easy to be copied and spread in the Age of Internet, electronic self-help is an important and effective way to protect the advantages of the licensor when the licensee breach the contract. But this kind of remedy is mainly based on the subjective judgement of licensor which bound is difficult to hold and is easy to be abused which will cause harm to the licensee, so we should set strict limitations on it by the law, providing equitable and mature mechanism of judicial remedy for the licensee in order to bring about the balance of the rights and obligations of both parties. There is no legislative programming about electronic self-help in our country for the moment, but we may draw lessons from the abundant practical experience of American and make research on electronic self-help. When the opportunity for legislation is suitable, we can introduce this system in the electronic commerce field and create the condition for our country to grow up in the Information Economy Age.