A Study On The Cognizance And Legal Regulation Of Software Piracy

In such an economic integration, governments have reached a consensus that science andtechnology are primary productive forces. With their development, computers are widelypromoted and also spur related software industry. The software development in China startedin the late1970s. Due to a late beginning, it suffers a lot, such as being pressed by foreignindustries, the lack of reach funding and talents in domestic. Accompanied by thedevelopment of computer industry, the software market has expanded. However, more andmore people earn profits from piracy software, because of its low cost, easy copy technology.Under normal circumstances, the types of software piracy can be divided into six parts. Theyare hard drive pre-installed piracy, software counterfeiting piracy, CD piracy, company piracy,internet piracy, a mixture of different individuals piracy. To solve this problem, we haverevised the important part in Copyright Law and have established a copyright protectionsystem that conforms the international protection standard. Besides Copyright Law, there isstill a regulation called Computer Software Protection Regulation. Nevertheless, the piracyrate in China is still in the top. BAS in USA published the rate in main countries in2010:China took the rate of79%in2009, ranking27. Comparing with97%in1994, it hasdecreased. But there is a large gap between USA(20%) and China. That’s the reason why isChina always suffering strong condemning from USA.Should we adapt to the standard as the same level as developed countries under thepressure of USA? We all know that we should protect copyright. But it must be reasonablebetween protection and fight measures according to the traditional doctrine. The law shouldbe not only fair but also taking efficiency and effectiveness into account.Therefore, this article will from the perspective of social interests, the interests of theindividual, based on the status quo of China’s economic and social development of piratedsoftware standards, infringement judgement on theoretical research, legislation and judicialpractice operation of exploration and research. Standard of software piracy and infringementof software has both commonness and individuality. Theoretically identification must meetfour conditions, namely the tort damage facts; Implementation of the infringement; There is acausal relationship between tort behavior and damage result; The infringer is subjective fault.Constitute whether software piracy in practice, but also through comparison or contrast withgenuine software for disk within the filename, directory; Compared to the installation process;Contrast after installation directory, file, use process; Compared with code. In addition, the article on the research status at home and abroad by the line, on the basis of comparison,proposed consummates our country software protection method of the law ofcountermeasures, so as to hope to have the software play a more comprehensive protection.In civil law, for example, notice to protect "ladder" balance and clear reverse engineering;Elaboration on criminal law crime of piracy crimes standard, intensify punishment; Promotegovernment support software on administrative innovation industry.