| The invention of computer has drown closer the distance between the law and technology, and more and more people pay attention to the software copyright protection. Considering of the software's technical nature, making reasonable and accurate recognition to the software copyright is an important thing.The academia has a heated discussion over the recognition to the software right infringement in recent years. But seldom analyses the recognition of software infringement thoroughly. This is the reason why I write this article.This article altogether is divided into five sections. The first section introduces the survey of computer software copyright protection in our country as well as abroad. The computer software copyright protection mode has obtained the approval of the majority of the countries in the world. Our country , being a member of the World Trade Organization, basically conform to the TRIPS requirement to the computer software copyright protection, and makes it clear that our country protect the software with copyright.The second section discusses the principle of making responsibility on the software infringement. Since to recognize whether or not a software infringes upon the copyright of others, we always resorts to the responsibility principle. This article favors dividing the responsibility principle for the software right infringement into the responsibility principle of the "damage compensation" and the one that "beyond the damage compensation" which is termed as "other civil liabilities".The third section gives a detailed analysis of the methods of general recognition of the computer software. This section first elaborates the object of the computer software copyright protection, giving a further analysis of the already- existent dispute over... |
