Research On The Reasonable Use Judgment Standard In The Copyright Dispute Of Computer Software Reverse Engineering

As a kind of neutral technical behavior,computer software reverse enginee ring has appeared in the social field of vision for a long time.It can decompi le the software products put into the market into its original design state by us ing technical means,namely,software source code.The technical personnel can get a lot of effective information of the software by reading the source code,even including the design ideas of the software creators and all kinds of algo rithm and structure design.In order to protect their own software,software cop yright does not want others to reverse engineer their software,while other tech nicians want to legalize software reverse engineering in order to learn more ad vanced design ideas and technical measures of others.As a result,whether the reverse engineering technology conforms to the reasonable use standard in the copyright law has become the focus of disputes between the two sides.Combining with the specific implementation process of reverse engineering,this paper makes clear the legal nature of the basic technical behaviors involv ed in the operation process of reverse engineering,and introduces and learns t he relevant legislation and judicial practice of the judgment standard of rational use of software reverse engineering in the United States and European countri es.It is suggested to solve the problem of judging standards for the rational u se of software reverse engineering from two aspects:first,learn from the judgi ng standards for the rational use stipulated by the copyright law of the United States,and supplement four principled judging standards for the rational use i n the copyright law:(1)The purpose of using other people's works;(2)the nature of the works us ed;(3)the proportion of the use part in the total;(4)what impact will the us e of works have on the potential market and commercial value of the works.With four criteria of principle,software reverse engineering will not be unable to prove its legitimacy because it cannot be included in the 12 reasonable use cases stipulated by the copyright law of China.2?In the regulations on the p rotection of computer software,the judgment criteria for the rational use of rev erse engineering of computer software are further clarified:(1)the technical im plementer of reverse engineering needs to use the software legally authorized;(2)the technical implementer of reverse engineering implements the technology for the proper purpose;(3)the technical implementer of reverse engineering wants to acquire the relevant technology of the software Technical information;(4)the technical information obtained from the implementation of the technolo gy is limited to personal use;(5)the implementation of reverse engineering sh all not damage the legitimate rights and interests of the original copyright own er.The fair use system of copyright law provides a strong basis for the legal ity of software reverse engineering,and the regulations on the protection of co mputer software further defines the specific criteria for the fair use of software reverse engineering,so as to make more comprehensive provisions on the rea sonable use of software reverse engineering at the legislative level.