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Research On The Copyrightability Of Computer Software Interface And The Legality Of Its Reverse Engineering

Posted on:2018-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:W Y ZhengFull Text:PDF
GTID:2346330542968034Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of China's computer software industry,the awareness of intellectual property protection in the industry gradually increased,and the case of computer software copyright infringement disputes also increased,but the protection of computer software copyright is still in the initial stage.Software interface as an important part of the software,has been widely used in the program,but due to the special nature of programming norms,issues about the copyright of software interface have been gradually revealed.China's law mainly relies on the "computer software regulations" and "copyright law" to protect the software interface,but the interface of this particular part is not clearly defined.The "Copyright Law(draft revision draft),2014" has provisions related to issues about the reverse for the purpose of compatibility.The first part of this paper firstly describes the concept of software interface.Secondly,states the importance of the software interface in the software industry applications.Nowadays,Access software interface is a popular mode for function call,and the future development trend of the software industry,so convenient way in the future will cause a technological innovation.The second part is the case combing and analysis.The pending interface copyright infringement litigation between Oracle and Google,which lasted for seven years,has been the hot spots in the software industry and the legal profession.Through the introduction of "Oracle Corporation v.Google JAVA interface copyright infringement case",and "Intel v.East into the company's first document copyright infringement case",this part analyzes the dispute and the decision to extract two controversial points,which is the main question of this article: First,whether the software interface belongs to the scope of copyright protection.The second is for the use of compatibility and even reverse engineering constitutes a violation.It also summarizes the tendency of judicial decision at home and abroad.The third part is the analysis of the first controversial point,to explore whether the software interface should be protect by copyright.First of all,this part briefly analyzes the advantages and disadvantages of several intellectual property rights protection,and includes that the copyright protection method is the optimal solution.Because in this respect,the United States has typical cases and relevant principles and norms for our country to learn from,so it also uses the three principles adopted by the United States courts to discuss the copyright of software interfaces.The following discussion discusses the scope and principles of protection through the copyright protection software interface,suggesting that even if copyright protection is made,there is a reasonable limit that reverse engineering under certain conditions is legal.The fourth part is the analysis of the second controversy.In the limitation of copyright protection,this paper mainly discusses the legality of reverse engineering with compatibility as its purpose.Reverse engineering not only involves the interests of the copyright owner,but also relates to the interests of software users.Therefore,this issue should take into account the interests of both sides,from this point of view,to allow reverse engineering has some rationality.The fifth part is the relevant law of China and the direction of improvement.China's "copyrightlaw(draft revision draft)" has the relevant provisions about the compatibility of the purpose of the reverse engineering,but the terms of the reproduction and translation should be more clearly defined and limited,in order to prevent the adverse effects of piracy crack in the industry.
Keywords/Search Tags:software interface, copyright, originality, compatibility, reverse engineering
PDF Full Text Request
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