The Legal Issues Study Of Software Outsourcing Copyright

With the fast development of information technology and the wide application of internet, global economy has showed a trend of integration. Software outsourcing industry has come into being and developed rapidly in this context. For software outsourcing, the protection of intellectual property rights is an important factor, sometimes even decisive factor for a contractee to select an outsourcer. As an outsourcing mode based on information technology, Software outsourcing enjoys pretty high protection of intellectual properties because of its intangibility, technicality and high added-value. There are many problems with the development of software outsourcing industry, where insufficient protection on software copyright stands out and the contractee shows concern on software copyright protection when doing businesses with Chinese partners. So issues on software outsourcing copyright protection have been the important factor for the further development of Chinese software outsourcing industry. The author hopes to utilize what he has learnt to present the copyright issues in Chinese software outsourcing industry and propose related suggestions of optimization so as to better promote the healthy and prosperous development of the industry.Besides the introduction and conclusion, the paper can be divided into four parts.Part one mainly focuses the concept, content and legal relations of software outsourcing.Part two analyzes the issues exiting in Chinese software outsourcing copyright protection from the perspective of software outsourcing copyright contracts, copyright infringement and copyright abuse.Part three discusses current overseas situation of legislation from the perspective of contractee and outsourcer. Legislation and practices in foreign countries are studied in the hope of enlightening the legislation and detailed operations for Chinese software outsourcing copyright protection.Part four presents the suggestion of optimization on the proposed issues on the basis of the characteristics and insufficiency of Chinese software outsourcing industry.