Research On Tort Liablity To The Software End-users

In 2001 the State Council published " regulations on computers software protection ", the new regulations provides a very strict legal liability on the end-user using piracy software, even if the end user does not know and had no reasonable grounds to know that the software are infringing copies, should cease the use of, and destroy the infringing copies or pay reasonable remuneration to the software copyright owner. Compared with other national legislation, Over-protecting the software copyright owner, but strict accountability for end-users is inappropriate in the situation that china's software industry is not developed, this high level of protection standards will be hinder the development of China's software industry.This article is logically divided into three parts. The first three chapters form the first part, classifying computer software and end-user, and then analyzing the different types of subjective state and objective state of behavior of the end user, and conclude when the end users should be investigated for legal liability of software, and explain the reasons for this conclusion.For the terms of protection of computer software in China tend to over-protect the software copyright owner, In the second part, this article describe from the perspective of the principle of interest equilibrium, Pointed out that although the existence of software piracy have a negative impact, in the situation that China's software industry is not developed if the restrictions are too strict to end-users, this will has an bad impact on the rapid development and expansion of the domestic software industry. Then figuring out that the copyright owner may deliberately make their own be infringed, then use the safeguard clause to achieve its malicious purpose of profit, so the author propose legislative proposals to protect the interests of end users.Finally, Analyzing China's current legislation and pointing where our legislation need to be perfected, then considering the situation of our country, the author put forward views on improving the legislative protection of software.