Study On The Infringement Of Third-party Software Providers

With the fast development of third-party software, third-partysoftware related copyright infringement has grown into a large scale. Thecourt held that manufactures and distributors of third-party softwareshall bear the direct liability. But it is controversial whetherthird-party software providers shall bear the liability or not, and itis disputed on the nature of the right to alter. Therefore, in order topromote the development of third-party software and protecting the rightsof copyright owners, it is necessary to analyze the third-party softwarerelated issues from the view of copyright law, make sure the liabilityof third-party software to balance the relationship between the copyrightowner, third-party software provider and the user.Besides the introduction, there are five parts in this thesis. ChapterI introduces the definition, nature and technical features of third-partysoftware. Third-party software is originally manufactured by the thirdparty other than the copyright holder, in order to change the softwarefunctions. This part analyzes the main issues raised in the case ofinfringement of third party software. Chapter Ⅱ analyzes whetherthird-party software providers infringe copyright. Third-party softwareproviders can provide third-party software to the public in two ways. If the providers load the third-party software into the software anddistribute the altered software to the public, third-party softwareproviders may constitute an indirect infringement. If provider distributethe third-party software independently to the public, the provider doesnot constitute an indirect infringement because the third-party softwareitself is original and does not constitute substantial similarity withthe computer software. Chapter III analyses whether the third-partysoftware providers shall bear indirect liability. Computer programprotected by copyrights means sequence of code-based instructions, so itis not a copyright infringement to only alter data used by instructions.And users are allowed to alter computer software to improve its functionand performance.Thus, providers of tools to alter computer software shall not beardirector indirect liability, if they do not distribute altered versionof software or induce or intentionally facilitate direct infringement.