Study Of Network Software Copyright Protection And Infringement Relief

The emergence of Internet brings a lot of challenges to the law system of today, especially in the new areaof computer software, in which areathat the law cannot satisfy problems occured in the modern world; After the appearance of Internet, online software has caused many problems which cannot be solved by the provisions of laws currently in effect. Although the case of CoralQQ ended up in putting the author of CoralQQ Chen Shoufu in prison, there are still many questions left behind for us to think and research, such as what had the judgement of the civil court been told us, the reason why did this case swift to the procedure of Criminal, how can softwares like CoralQQ live without breaking the law,etc.Three years later in 2010, the conflict between 360 and Tencent caused by the software KoukouGuard drew people's attention, and also offered the researchers of laws an opportunity to conduct a contrast study. So what's the difference between CoralQQ and Koukou Guard, how can the copyright owners protect and preserve their copyrights, what can we do for the online software tort which is widely spreading recently.All of these questions shall be answered by the law researchers.The first chapter of this article will focus on the newly bored online software, which is different from the traditional computer software and has not been noticed by most researchers, to difine the concept of online software this article will talk about. It is important for readers of this article to know that the concept which the author gives does not consist of all sorts of internet softwares, for it has its limitation of both internal and external scope.Based on the unique features of online software, the enforcement of its right is also different. The second chapter will discuss certain rights of online software which are easily infringment of in detail, such as copy right, modify right,and distribution right, etc. The infringement of these rights will be analyzed to clarify what kinds of behaviour will be punished by law. Later on, this article will continue to point out the differences between the two cases to clarify the key points of Infringement of Copyright of online software.The imperfect of law system confused the owners of online software, for they do not know how to protect their rights properly under the provisions of Chinese law. So the third and chapter will try to give an answer.Even the provisions are well designed, the phenomenon of infringement of copyright will still happen, not to mention that Chinese law is not perfect now. The author will also give his own answer. Hope it will be useful and this article will make some contribute to the modern law system of copyrights.