Is the pirated system infringing?
Although in our country's "Computer Software Protection Regulations "" stipulates the rights and obligations of software end users, but legal practitioners have different understandings of relevant provisions regarding the above issues.
1. If a software user knows or should know that he or she is using infringing software, this constitutes infringement and shall bear legal liability. The reason for holding this view is that when the perpetrator uses infringing software and the perpetrator knows or has reasonable grounds to know that the software is infringing software, the behavior of the user of the software constitutes infringement and he should be liable for compensation. If software users are not held accountable for infringement, it will undoubtedly encourage and support users to purchase and use infringing software, and the fight against piracy will become empty talk.
2. Software users do not need to bear infringement liability when purchasing and using infringing software. The reason for this view is that the purpose of the state in formulating a software copyright protection system is to achieve a balance between software copyright owners and social public interests. Within the scope of copyright law, software users who purchase and use infringing software are not liable for infringement. The Copyright Law clearly stipulates that using other people’s published works for personal study, research or appreciation is considered fair use. The provisions of fair use are adapted to my country's current national conditions.
3. For-profit units and government departments that use pirated software should bear infringement liability. This view is somewhere between views 1 and 2. The reason is: the use of software by for-profit units does not have the color of cultural consumption. Its purpose is for production and operation. It has the ability to purchase genuine software and uses the intellectual achievements of others to seek benefits, which constitutes infringement. Government departments are both the makers and executors of laws, and their execution of official duties does not need to be based on harming the interests of others. Therefore, if government departments use pirated software, they should also bear corresponding legal responsibilities. The purchase, possession and use of pirated software by individuals can be regarded as fair use and does not constitute infringement. A small amount of pirated software used by public welfare organizations within the scope of business should not be considered infringement.
The above content is the relevant answer. Normally, if we want to use the genuine systemIf you do, you need to spend your own money to purchase it. Many people will not do this. They will use a pirated system, which will constitute infringement. However, using a pirated system is not very serious. If you have other legal questions, you can consult the relevant lawyers on the Legal Savior Network.
