Research On The Legal Responsibility Of Computer Software End-Users

With the development of the digital technology and the informational technology, the problem of the responsibility of computer software end-users is now becoming a hot spot which attract attentions of the intellectual property rights theorists. How to identify the responsibility of computer software end-users is of great significance on the development of Chinese national economy. This article attempts, through theoretical analysis, comparison analysis, case analysis and other research methods, according to the provisions of the contract law, the copyright law and the regulations on computer software protection, to analyze the legal responsibility of computer software end-users. It can be divided into six parts, such as introduction, the outlined of the system, the analysis of the rights, the balance of the interests, the improvement of the system, epilogue.First of all, in the introduction, this article raises a core issue which is the problem of the responsibility of computer software end-users, which is though the entire paper by Microsoft v. Beijing"YaDu"in 1999.In part 2, this article clearly defines the conception of the computer software end-users and there responsibility. The responsibility of computer software end-users refers to the responsibility which belongs to the computer software end-user who use the software but without the authorization of the software copyright owner. At the same time, based on the research of other domestic scholars, this article summarizes the development of the responsibility of computer software end-users in our country and compares the differences of the responsibility of computer software end-users among the world.In part 3, this article focuses on the rights confliction between the software copyright owner and the computer software end-user. According to the copyright law, this article detailed analyzes the rights and the infringements of the rights of the software copyright owner; on the other hand, according to the regulations on computer software protection, this article summarizes the four contents of the rights of the computer software end-user, such as the right of loading, the right of running, the right of backup, the right of alteration.In part 4, firstly, this article analyzes the protections and restrictions of the software copyright. Secondly, this article discusses the fair use of the copyright. Lastly, according to the fair use of the copyright, this article discusses the balance of interests between the software copyright owner and the computer software end-user.In part 4, according to the legislation model among the world and on the basis of the existing provisions of the regulations on computer software protection, this article makes a further discussion on the responsibility of computer software end-users. This article holds that the subjective criteria should be defined and the different subjects should be distinguished for the legislation of the responsibility of computer software end-users in our country. The purpose of the article is, through the discussion and research on the legal responsibility of computer software end-users, to provide a institutional framework for the establishment and further improvement of the legislation of the legal responsibility of computer software end-users.At last, in the epilogue, the article called for the further improvement of the responsibility of computer software end-users in our country by reviewing Microsoft v. Beijing"YaDu".