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On A Number Of Issues, Infringe The Copyright Of Computer Software

Posted on:2003-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:H M ChenFull Text:PDF
GTID:2206360065456925Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Under the theory of the benefit balance, the essay does a research on the copyright of software. In discussing and assessing the specific regulations, the essay analyses if the relative parties have any benefits and if the benefits are illegally damaged, makes an effort to find a best combination of all the benefits and wishes to propose some suggestion for Regulations about Computer Software Protection in China.As to the issue that if or not the end users can infringe copyright in using computers, the essay considers that protecting copyright owners' rights to use software as tools is a good way of settling the dispute. The end users are impossible to infringe copyright owners' rights. And they don't worry about this. They merely worry that their benefits from the right to use software as a fool have got no way to protect. Therefore they hope to use an indirect way to protect their benefits. However if the wishes come true, the legal rights of the end users will be infringed. Hence the essay thinks a new way will be effective.As to the parallel importation, the essay contends that the copyright owners' rights should be protected among three parties. There's an really unbalance among three parties benefits. But only the copyright owners' rights are infringed, the parallel importation traders get illegal benefits and consumers obtain no benefits. Therefore the essay suggests that the parallel importation should be forbidden.As to the reverse engineering, the essay argues that the reverse engineering is legal under the certain conditions. Under the specific situation, the benefits of the copyright owners will not be damaged while the person carrying out the reverse engineering entitles a right to do so .If the law refuses their rights, the people's benefits will be damaged. Hence the essays put an suggestion to recognize that the reverse engineering is legal under the certain conditions and hope to settle the dispute by this way.
Keywords/Search Tags:Copyright
PDF Full Text Request
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