The Research On The Fair Use Of Computer Software Work

System is fair use under the conditions prescribed by law, without the consent of the copyright owner's consent, and without payment of remuneration, based on the legitimate purposes of the legitimate use of other acts of copyright works. Fair use copyright law system is the best embodiment of the principle of balance of interests, which requires a portion of the copyright owner the right to transfer to the public, in order to avoid the abuse of intellectual property rights, so as to achieve the purpose of safeguarding the public interest. Because the software works with a perfect copy effect, low cost, portable, easy to steal the works to be found so, the creator Liu phase out the use of the software work more difficult to control, the software realization of the personal interests of copyright holders more difficult, so States to work on the rational use of the software have made a fair use than the traditional work to strict rules, hoping to realize the software copyright owner personal interests and social interests of balance.China's 2002 revision of the "Computer Software Protection Regulations," the rational use of computer software for the very strict, just limited to "in order to study and research software," the purpose of using the software's behavior is fair use. The users of the application of this clause only for a very small number of software technical personnel, other public, school groups, enterprises and institutions no matter what the purpose of using unauthorized software is regarded as a act of infringement. Is it necessary for the software of a "super world level" of protection set off a wide-ranging discussion. China is in the initial stage of socialist development, central and western regions is still relatively low level of development, the information society is not high, the popularity of the software needs to be improved, if too much emphasis on software copyright protection, it is possible to fair use rights at stake, public access, learning software will be deprived of the right knowledge. Therefore, in the reconstruction of the rational use of computer software system, China's actual conditions should be considered the level of protection to computer software and China's economic and social development. And the software can not be blind "super world-class protection."In addition to the introduction and conclusion, the paper is divided into four parts.The first part describes the rational use of concepts and historical development of the system, and from the perspective of philosophy of law there is a reasonable basis for using the system. Then introduced the characteristics of computer software, as international treaties have the protection of computer software as the object of copyright law, so the rational use of the system also applies to computer software. Because computer software is different from the characteristics of traditional literature and then discuss this article The development of computer software system for the rational use of traditional and new problems caused by new development.The second part analyzes the various theories concerning the rational use of the rational use of computer software, legal attributes, including the implementation of the approach and scope. Comprehensive analysis of the international conventions to determine the rational use of standards and U.S. copyright law on the specific definition of fair use. Then through the case details how to apply in practice the criteria for determining fair use. This paper also analyzes the rational use of computer software necessary to re-limit restrictions and how to achieve them.The third part introduces the works of some of the new computer software use, including software, reverse engineering, software crack and circumvent technological protection measures. And from the perspective of balancing the interests of the nature of its rational use. Foreign legislation on these issues with the relevant provisions, discussed the rational use of computer software specified deficiencies.The fourth section describes the rational use of computer software system of the establishment, development, and the results of foreign-related legislation on fair use of a full range of inspection, analysis of lack of lessons learned. Finally, the copyright of computer software system for the rational use of the improvement made several suggestions.