Research On The End-user's Legal Liability Of The Computer Software In China From "Regulations On The Protection Of Computer Software"

When the human society marches into the 21st century times, the whole world entered the knowledge economy and the Digital Age.The people realized gradually, the computer software lives as the knowledge economy and the Digital Age new things in us is ubiquitous nearly.In recent years, the computer software end-user's legal liability question has become the intellectual property rights theorists attention hot spot.The computer software end-user is a kind of special infringement main body, on the one hand they in the market are God, only then the right does not have the duty, on the other hand is actually the software right infringement finally completes the human.Deals with the two relations, regarding protects the software this kind of special technology product the intellectual property rights is extremely important.In part 1, first has carried on the limits to the computer software end-user.Regarding the computer software end-user, the general scholars and the expert have carried on the different elaboration, has expressed the different view.Although expresses various formats, but everybody carries on the summary in the basic meaning is basic consistent. In this part, author also divides into the computer software end-user:the legitimate end-user and the illegal end-user, but the legitimate end-user includes the software legitimate replica possessor and other legitimate replica possessor, the illegal end-user includes the good intentions the illegal end-user and the malicious illegal end-user.The different type end-user undertakes the different responsibility.In part 2, first introduced our country about the computer software end-user's legislation advancement, and has carried on the appraisal. Make the end-user use to pirate the software the behavior all to determine will be higher than the world general level for the right infringement; Does not favor concentrates the strength attack management illegal end-user; Does not conform to our country national income level; Does not favor the computer profession the development; In fact with difficulty operates: Will possess the end-user use to pirate the software the behavior all to determine for the right infringement too in advance, the public with difficulty will accept in the idea, therefore operation difficult too big, will possess the end-user use to pirate the software the behavior all to determine will operate the cost for the right infringement standard too high.In part 3, other national, local and organization's correlation stipulation has conducted the comparison research. Our country took a developing nation, the correlation stipulation should conform to TRIPS about the software end-user request, that, China's software protection level should locate originally in does not extend the software right infringement final boundary to any end-user, but considered our country's actual need as well as the software copyright owner rights and interests, considered other national and the local correlation legislation present situation, our country should absorb other national or the local legislation experience, consummates in our country correlation law laws and regulations the related software end-user responsibility stipulation.In part 4, The essence of the dispute of the liability of the end user is the contradiction between the double characteristic of the software and the way of software protection which provided in the copyright law. Trying to help the China's software industry, we should consider the international competition and cooperation, and the level of the economy in our country. Firstly,'we should realize that to the developing countries, the meaning of the institution of intellectual property protection is far beyond the intellectual protection itself, and turning to be a way of economic competition.'We should ponder upon the economic and moral facts in our country and the international competition and cooperation when we modify the provision of the software protection act. Second, we should overcome the morel orientation when we determine the liability of the end user. There are at least three viewpoints, the first one is that the using of the pirate is a morel problem which beyond the law provision; the second one is that the using of the pirate is a reasonable law providing problem; the final one thinks that it is necessary to punish the using of the pirate. We should prescribe different principles for different kinds of people and different kinds of using of the software when we determine the liability of the end user. For example, the actions include buying, holding, and using the unauthorized software should not be treaded as a pirate but a reasonable using; while governments and cooperation for profits use the unauthorized software should bear the blame; public benefit organizations, such as library, use the unauthorized software for a tiny amount and in the scope of the business may not been treated as committing a tort.