Computer Software Copyright Infringement Issues Identified By Research

With the development of social science and technology, computer software has been developed from scratch, from small to multi-and gradually penetrate into every corner of people's lives. Computer software is an important symbol of the information age, he improved the efficiency of our work to expand our entertainment space, and its importance is self-evident. With the vigorous development of the computer software industry and its growing role of economic benefits obvious, but at the same time, the computer software copyright infringement are also frequent. Therefore, increase the intensity and the protection of computer software to increase computer software copyright infringement cases in the efficiency has become imperative. From November 1992, Beijing Haidian District People's Court accepted the software from our country's first copyright dispute, the people's courts across the country started to contact and trial software copyright infringement dispute. But the computer software is a special kind of works belonging to high-tech, high intelligence categories of works, so in practice, not only for its violations related to legal issues, as well as technical problems. Therefore, the judicial practice, although there are a lot of imputation principles, legal basis and determine the standards, but in practice used a bit chaotic when they encounter more complex computer software infringement cases, it often seems to lack experience impossible to start with. Therefore, the full and profound analysis and understanding of computer software copyright infringement identify problems and for more efficient identification of whether an act of software copyright infringement to lay a solid theoretical foundation, which identified the correct computer software infringement cases and to make an accurate decision is of great practical significance.Academic circles in recent years, the issue of software copyright infringement a lot of discussion, but the present situation is still not reached a consensus on the actual judicial process, establishing a violation of copyright of computer software used in the principle of attribution, tort determine different standards are often The same situation was the result of the ruling was a big difference. This form of mind is the copyright of computer software for various violations of the conduct of a systematic exposition, introducing several criteria to determine its conduct are discussed in detail and put forward their views. At the same time, cited several new controversial acts of copyright infringement of computer software, and its 11 analysis to explore the behavior of computer software copyright infringement cases in the new ideas.In this paper, four parts of the writing of computer software copyright violations of the conduct of a systematic exposition:Part I: This section gives a specific computer software copyright infringement case, as anchored as the source of the article started writing this article.Part II: From the computer software, the basic concepts, characteristics and categories start with the computer software introduces basic concepts related to. This part is a fundamental part of this paper, to computer software copyright infringement to undertake a study, it is necessary for computer software related concepts are introduced. That part of the main features of the software starting from the introduction of the computer software works and other general works different. An outline of the current protection of computer software. All these have further explored below, the issue of copyright infringement of computer software provides a theoretical basis.Part III: This part of the core part of this article. The author on the content and ownership of computer software gave a brief introduction, a direct cut into the core issue of this paper - computer software copyright infringement issues identified by research. First through the practice of several criteria used to determine infringement of presentations and discussions, the author determined for each standard have expressed their views. Then, the author lists the software interface of the infringement of several controversial in recent years, emerging infringement or non-infringement exceptions, and depending on the circumstances presented their own views, respectively.Part IV: After the previous three parts of the presentation and discussion, the author made his own in this part of the computer software copyright infringement issues identified in the determination of the standard level of view. I believe that reasonable standards for determining infringement of software should be divided into two steps: a first step, taken two steps before the AFC standard, that the defendant should first of the original works are not protected "thinking" itself from the "expression of ideas" in Remove out, then the original defendant, although the software works the same but the contents are all removed out of the public domain. The second step, using substantial similarity with contact standards for the software to compare the two. In this way can be more fair and reasonable for the copyright infringement of computer software to determine the behavior.