Research On Copyright Protection Of Computer Software

Science and technology,which is increasingly becoming the nucles of economic and social development.Intellectual property and innovation of technology what they represent are increasingly significant in economy.Under this background,the computer industry has penetrated in every area of society,to economy development and human development have great sense.Scientific calculation be replaced by non-numeric calculations,such as control,management,data processing.Software has been continuously developed and widely used in various fields.Typical software includes various types of electronics.Mails,embedded systems,office systems,databases,games,etc.It almost crown all industries,promoting economic and social development,and improving efficiency and quality of life.It has become an important indicator of a country's scientific and technological level and comprehensive national strength.The copyright protection of computer software has always been a hot discussion in the law circles.There are many modes,just like copyrights,patents,so there are many disputes about the protection forms,However,at this stage,the copyright is not only a common practice,but also the most feasible method.Firstly,software is an important element of the computer system,including programs and documents,shares dual attributes of work and tool,easy to copy.Although computer software is different from traditional textual works,its programs and documents are subject to copyright protection as long as they are original.The dispute appears,it is necessary to judge whether the software accused of infringement constitutes a copyright infringement of the right holder.First,it is necessary to follow the principle of idea-expression to determine the expression covered by copyright,and then determine whether there is a infringement.This process is actually the abstraction and filtering process in the three-step method established by the United States.According to this theory,the ideology of the software,the unoriginal part and the public domain are not protected,we should exclude it and then compare the software to sure whether there is substantial similarity or not,these principles and specific operational steps are not separated,it is must complement each other.Based on the demand of accession to the WTO and the influence of the United States,China has adopted copyright to protect computer software,which was contributed to software industry at one time.However,with the development of computer technology,copyright modal is exhausted.The new problems unceasingly appears.For example,whether the UI and the products of the secret key needs copyright protection,the infringement of end users,and the indirect infringement of software are more difficult to judge,there has been Controversy,it is new challenge to the copyright protection of software.But,it is undeniable that it is still beneficial to adhere to and improve the copyright protection of computer software at this stage.This paper analyzes the theories of computer software system,and investigates the current situation of software development,infringement and protection,expounding the infringement types of computer software and how to predicate infringement to achieve the purpose of protecting the computer software copyright.On the basis of summarizing foreign experience,this paper puts forward specific rules and suggestions for software copyright protection in China.Firstly,this paper states the theory of computer software,scope of protection and its copyright protection,and analyzes the feasibility of software copyright protection.Secondly,it is necessary to protect software,because of the existence of infringement,so the paper analyzes the types of infringement,and through which infringement principles and specific ways to protect software copyright,And elaborated the special tort situation,enumerates the tort exception,has provided the clear guidance for the infringement judgment,summarizes our country at present in the software copyright protection existing question;Thirdly,the related system of computer software is discussed,and the experience can be used for reference.Finally,on the basis of the discussion,drawing lessons from the more mature rules and practical experience of the United States and the European Union,and combining the relevant laws and regulations of our country,proposed constructs basic principle which our country computer software intellectual property rights protection system observes,and carries on the legislation,the judicial ponder.