The Copyright Protection For Technological Measures And The Industry Development Of Computer Software

As the key to the computer system, computer software is increasingly widely used in various fields of economy, culture, science, education and so on. The software industry has become a veritable engine of China’s economy. However, it is an indisputable fact that the effect of legal protection of computer software is ineffective in our country, Faced with the frequent occurrence of software piracy in the digital age, the copyright owners are starting to use various of technological measures to control others to access or to use their works, to protect their copyrights.The copyright legislation of technological measures can be roughly divided into three levels in the current international community. The differences in legislation fully reflect their interests and choices when fulfilling their international obligations, and undoubtedly will also affect the development of software industry. The existing technological measures legislation gives a typical high degree protection, which does not comply with the current development of our software industry.Therefore, this paper will compare and analyze the foreign technological measures legislations and industrial development, sum up the appropriate protection for our software industry and put forward some legislative proposals, striving to create a limited protection and fully competitive legal environment for our software industry.This paper is divided into four parts to have a in-depth discuss and discourse of the copyright protection for technological measures and the software industry development. The first part outlines some related legal provisions of technological measures and pointed out the particularity of computer software technological measures. The second part introduces the emergence and development of technological measures and the major types of technological measures of our software industry. The third part takes a comparative analysis, comparing and summarizing the technological measures legislation of Japan, the United States and the European Union, extending analyses combined with their own software industry. The fourth part describes the current legislation and the software industry development status of our country, analyzing the positive and negative impacts that the technological measures brought to the software industry, and hope to establish a modest protection of our software industry, and put forward some comments and suggestions to improve our copyright legislation of technological measures.