Regulation By Law On Abuse Of Computer Software Copyright

With the development of computer software technology and the increasingly competition of global market, computer software copyright abuse and the growing problem of monopoly appear. However, the United States use its advantage of computer technology, continue to promote the international protection of intellectual property rights. It make international trade rules and intellectual property rights system, control the international market and gain high profits in international trade. Through introduce the development process of computer software copyright, software copyright abuse and the harm, cause, etc. The proposals for legal regulation will be put forward.First, on oerview of computer software copyright protection: Firstly, from the legal definition of computer software, it refers to computer programs and documentation, including system software appication software, and this paper refers to the personal computer operating system software. Secondly, the history and status of computer software copyright protection. It is known that by the United States promoting, countries in the world, especially the United States, Europion Union and Japan, bring the computer software copyright into the copyright legal system, and gradually form international protection widely today. Finally, the reasons for protect computer software by copyright law: convenient, wide, and driving by the United States.Second, about the dangers of computer software copyright misuse of legal analysis: Firstly, some examples illustrate serious abuse of computer software copyright and that the phenomenon of market monopoly is frequent. Secondly, economics analysis on law revealed profoundly that the abuse of computer software copyrights affect the software industry, market competition and great public interests and cause slow development of software technology, damage free market competition and reduce social welfare. Finally, from the level of legal philosophy, revealing the core of computer software copyright is a balance of interests. The abuse of the copyright result in that there is the conflict in interests of copyright owners and public, seriously harm the public interest and hinder technological innovation and development of cultural undertakings.Third,the forms and causes of abuse on computer software copyright: the performance of computer software copyright misuse: abuse of dominant market position, the joint restriction of competition and corporate mergers inappropriate behavior. In-depth analysis, the causes of the abuse of computer software copyright are: the game between the interests of rights holders and public interests, the right to abuse the copyright has seriously damaged the public interest; between developed and developing countries, conflicts of interest; the imbalance between fairness and efficiency, too much emphasis on efficiency, resulting in the lack of fairness; the loss of the"degree"in the legitimacy of copyright and copyright protection, not handling legal relationship between the monopoly and regulation,motivation and coordination, innovation and close relations.Forth, rule of law on the abuse of computer software copyright. Firstly, within the copyright law, the principles of the integration and common elements become a new copyright principle to distinguish between idea and expression so that restricting the abuse of copyright. And fair use copyright restrictions as the system should be more in line with China's national conditions and intellectual property development. Secondly, from the antitrust point of view, we should improve as the core of the anti-trust regulations for intellectual property legal system. Finally, from the national public policy, we should establish national intellectual property policies: improve the intellectual property strategy, improve independent innovation capacity, and safeguard the public interest and national security.