| Nowadays, with the development of the software industry in China, the area of computer infringement has been bred a lively name-plug-in. Plug-in, a developers through the analysis, crack, then modify the software copyright, is made to achieve some special features of the software program. Some software has great commercial value in the market, and some features of the plug-in which have precisely devalue this kind interests, and thus badly affect the interests of software developers. However,the relevant legislation of the legal property of plug-in in our country is not clear, which results in the legal disputes about plug-in behavior continued.Based on the analysis and discussion of the case "Coral QQ plug vs. Tencent QQ ", this paper attempt to make some concepts involved in the case discussed clear, and analyze the attitudes of legal relationship between the behavior of judicial practice, therefore provide some assistance in this area for future legislation.The article is divided in five parts. The first part is an overview of the case. The second part is mainly present the deferent opinion of prosecution and defense as well as judicial practice and theory. The third part analyze controversy and disagreement from the civil illegality and criminal illegality through legal theory comprehensively. The fourth part is the conclusion of the study,mainly introduced the basic problems of plug-in, including the origin, mechanism, definition, and its hazards, and completely elaborated operation mechanism of Coral QQ plug, and separately from the civil illegality and criminal illegality of two aspects to analyze and draw relevant conclusions. The fifth part focuses on some problems and countermeasures during the process of combating with plug-in. |
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