How does the law protect computer software
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1. Patent protection of computer software
Whether computer software can be protected by patent law is a long-term One of the most controversial legal issues. Overall, most countries have a negative attitude towards patent protection for computer software. Since software is the result of human intelligence, software development is to express human intelligence into a computer-executable form. Therefore, the content of computer software is always clearly expressed as the rules and methods of intellectual activities. Therefore, the relevant legislation of most foreign countries stipulates that computer software is not patented.
To obtain a patent, computer software must meet the patent application conditions. First of all, the patent announcement system is not suitable for software. Due to the secretive nature of software development, once its content is made public, it will inspire others to create higher-level software. Second, the results of using software are often not directly reflected in the products manufactured and sold, so even if someone uses the developer's software, it is difficult to detect and sanction. Furthermore, the patent review system is not suitable for software, especially substantive review, because only one patent can be obtained for an invention, but software is intangible, and software used for the same purpose may be extremely similar, and it is difficult to determine its originality. Now The large number of software and the unique way of describing the software also make it difficult for the patent office to conduct substantive examination of the software submitted for application.
2. Copyright protection of computer software
Adopting copyright laws to protect software is a major trend in the world. This is because computer software has two characteristics that are necessary to be suitable for copyright protection.
(1) Computer software is a creation, At the same time, it is also a special work that expresses specific content with the help of text symbols. It is a program system completed by developers through design, experiment, and calculation. Although this kind of product is different in form from ordinary literary and artistic works, there are still many differences between them. There are also similarities: the document part of the software is basically a work that originally enjoyed copyright, and the program represented by symbols is also a work that expresses human thoughts in a special way. Therefore, as long as the computer software itself is not plagiarized or copied and is original, it can be protected by copyright law.
(2) Copyrighted works must be The author's thoughts that have not been expressed in a certain objective form and have not yet been expressed in a certain material form cannot become the object of copyright protection. Computer software is written by software designers using high-level languages and recorded on tapes, disks and other media using electromagnetic effects. It has a certain material carrier and can be used by people directly or indirectly through computers like other works. It can become an object of protection under copyright law. Currently, using copyright law to protect computer software has become a dominant worldwide trend. Two international copyright conventions, the Berne Convention and the Universal Copyright Convention, have formed an international protection system for copyright. Most developed countries in the software industry have copyright laws, and as long as computer software is included in their protectionscope, can adapt to this kind of worldwide protection.
The advantages of using copyright law to protect software are not Denial, but we should also see the shortcomings of this approach and the new problems it raises. The main drawback of copyright protection is that it only takes into account the prevention of copying and not, as in the case of patents, also the application of the protected work. The original intention of copyright law is to encourage creation, protect the integrity of works, and promote cultural progress. However, software is in a dynamic process of constant modification, improvement, and adaptation to changes, which contradicts the static characteristics of copyright protection of moral rights. In fact, people are not only worried about software copying, but also worried about software rights and software application issues, because the commercial application of software is far more important than cultural factors. This has deepened people's doubts about whether copyright law is suitable for software protection. Therefore, there are still some countries that do not use copyright laws to protect software.
3. Special legal protection of computer software
span>It is difficult to overcome the use of patent law or copyright law to protect software Shortcomings. With the rapid development of software today and even in the future, new special laws are needed to protect software.
It is undeniable that despite some specialized legal methods They have many shortcomings, but they are relatively successful attempts to provide special legal protection for computer software and have achieved some results. In the long run, with the continuous development of computer software technology, the continuous emergence of new software protection issues and the incompatibility of existing protection methods, most countries may adopt new special laws to protect software. Now, many legal practitioners and computer experts are working closely together to comprehensively and systematically study the methods, theories, systems and judicial practice issues related to software protection. Countries around the world are also working hard to improve software protection. There is no doubt that completing this arduous and important task will be of immeasurable significance. It can be predicted that with the development trend of the international nature of computers and global networking, there is an urgent need for a special law applicable to the protection of global computer technology. This is the mission given to us by the timesOtherwise, it will hinder the development of computer technology and the spread of computer software, thereby hindering social progress.
The above knowledge is the editor's understanding of "Law for Computers" The answer to the question "How is software protection?" The protection of computer software copyright is very important to the development of computer technology. Computer software developers can enjoy rich profits through legal protection. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.