The Legal Protection Of Computer Software

There's almost more than 50 countrys using copyright law to protect the computer software, but the characters of the computer software is not consonant with the traditional copyright article.In that case, the computer software should have an independent protect mode. This mode should be base on its own character——"mentality"and"expression".On theory construction, as a result of software concurrently `work nature' and `utilizable', also has its is different with the work and invention many characteristics, therefore we cannot again continue to use in the copyright law and the exclusive law concept and the theory frame design this kind of independent protected mode. The author proposed in this paper"the software power"this concept refers calls the computer software obligee to the software exclusive rights. Because the software type is many, technical content is also various, contains the intelligence work investment and own value difference big fact according to the software, the author divides into the software"the general software","the non-thought innovative software"and"the thought innovative software"three kinds.Regarding this three kind of softwares should carry on the right hypothesis separately, obtains the condition in the right, the procedure, as well as in the right content and protection dynamics all should differ from.The this article second part, the comparison test analysis, chose in the world to carry on independent country's and so on protection national Bulgaria, South Korea and Argentina to the computer software computer software protection systems carries on the introduction, then carried on the comparative analysis with the world in with the copyright law protection representative national US's in computer software legal protection fit and unfit quality, had pointed out explicitly used the independent protected mode the country in certain aspect superiority, but these superiority were the computer software protection hope to attain or equal with difficulty in the copyright law frame.For example under the copyright law protection in the right content, had not stipulated to the software obligee most important economical right - - right of use and the hiring power that, on the contrary, in some software reasonable use, the software obligee's right too is actually formidable.After theoretically with the comparison test in analysis, this article our country's computer software protection system has carried on the legislation inspection in the third part by the independent protected mode angle of view, has discovered the question which in our country's computer software protection exists, finally draws the conclusion: Uses the copyright law protected mode not to be able to solve the computer software legal protection problem well, on the contrary also has the possibility to destroy the copyright law the basic principle and the systemFinally, the fourth part take divides into the computer software three big kinds as the foundation, in the union comparison test independent pattern protection country is worth the method which profits from, protected the right content in our country computer software, the right protection intensity, the right obtains the condition and obtains the procedure, the right protection deadline and the software user rights and interests five aspects proposed own to independent protected mode some conception, could have the help by the time to our country computer software legal protection.