The Confirmation Of The Third-party Plug-ins Infringe On The Right To Modify Software By The Law

The right to modify which been provided in the <Software Regulations> is a propertyright belongs to the category of the right to adaption.The right to modify the software toadjust the object is a computer program.Legitimate copy owners of the software use thethird-party plug-ins to modify the target software program to suit his needs,this behaviorbelongs to exercise of his necessary right to modify.But this behavior of exercise their lawfulfight damage legitimate interests of the software copyright owners.These third-party plug-inproviders is the use of such legal acts to circumvent the law,so as to obtain benefits.The lawsdoes not make express provision of the behavior of the third-party plug-in providers,and forthe users’ is to exercise the legitimate right,so there are the barriers to identified the behaviorof the third-party plug-in providers constituted indirect infringement.Based on the “Rainbow QQ case”analysis,clear the property of the right to modifysoftware is property right and the adjustment is a computer program.Analysis the behaviormode of the third-party plug-ins how to modify the target software,comparison of the theoryof criminal law in reference to how to deal with similar issues,put forward some suggestionsfor the third-party plug-ins providers by the methods of legal interpretation.This paper is divided into five parts.The first part is a case brief is to introduce the“Rainbow case” and the induction of the focus of controversy of during the trial.The secondpart is to analyze the property of the right to modify software,and the adjustment object of theright.The third part is the analysis of how the third-party plug-ins modify the targetsoftware,and analyze the “rainbow QQ”.The fourth part is to introduce the theoretical barriersof how to identified the third-party plug-ins providers constitute infringement.The fifth part isto compare of the theory of criminal law in reference to how to deal with similar issues,anddiscuss how to identify the third-party plug-in providers’liability they shall bear.