Research On Software Reverse Engineering From The Perspective Of Copyright Law

Software reverse engineering is a neutral technology.For many years,large software research and development companies have adopted various means to prohibit software reverse engineering in order to safeguard their own interests.But software reverse engineering,as an important means of learning other people's advanced software research and development technology and skills,prohibition will not only bring difficulties to improve the level of software development,but also affect our software development.The development of the industry.After reviewing the regulations and precedents of international treaties,EU,USA and Russia on software reverse engineering,it is found that they have generally recognized the legality of software reverse engineering,but the results of software reverse engineering are too stringent to control,only to obtain software compatibility information.The Copyright Law of the People's Republic of China(revised draft submitted for examination)draws lessons from the regulations on software reverse engineering in developed countries such as Europe and the United States.It allows software reverse engineering to obtain software compatibility information.However,software research and development capabilities in Europe and the United States are strong,and the protection level is high.In contrast,as a country with weak software R&D capability,we should not copy the legislation of European and American countries,should not confine software reverse engineering to research and access to compatibility information,should provide more relaxed legal environment for software R&D personnel in China.In order to realize the leap-forward development of China's software industry,it is suggested that copyright law should clarify software reverse engineering.At the same time,the legal status of the software reverse engineering should be regulated,and the restrictions on the purpose of using the software reverse engineering should be relaxed.However,the minimum usage mode at the legal level should be stipulated.The structure of this paper is as follows:The first part introduces copyright infringement disputes involving "JD-Paint software".Through this case,the absence of software reverse engineering in our country has caused an impact in judicial practice,which requires that our laws should be revised in time to solve the practical needs.The second part introduces the definition of software reverse engineering.Software reverse engineering is the application of reverse engineering in the field of software.It is the process of getting source program through the target program.According to the main purpose of software reverse engineering,there are mainly four types of software reverse engineering:learning type,compatible type,improved software function type and appraisal type.The third part introduces the behavioral nature of software reverse engineering.At present,from the viewpoint of most scholars and the experience of other countries,it is necessary to legalize software reverse engineering,and expound the legality of software reverse engineering in copyright law from the perspective of "dichotomy of thought and expression",presupposition of copyright value,legal philosophy and judicial practice in China.The fourth part introduces the regulations of the European Union,the United States and Russia on software reverse engineering,as well as the current regulations in China and the situation related to software reverse engineering in the process of revising the Copyright Law in China,straightens out the attitudes of various countries towards software reverse engineering,and analyzes the regulations on Software Reverse Engineering in the process of revising the Copyright Law.Definite progress significance and insufficiency.The fifth part puts forward suggestions for the legislation of software reverse engineering in China.It is suggested that the legitimate status of software reverse engineering should be clarified,and the users of software reverse engineering should be stipulated,and the restrictions on the use of software reverse engineering should be relaxed.However,the minimum use of software reverse engineering at the legal level should be stipulated.