What are the criminal liabilities for infringement of computer software copyright
Whoever infringes one of the copyrights for the purpose of profit and the amount of illegal gains is relatively large or there are other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; the amount of illegal gains is huge or there are For other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.
"Criminal Law" 211 Article 17 [Crime of Copyright Infringement] For the purpose of profit, if one of the following copyright infringement circumstances occurs, the amount of illegal gains is relatively large, or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; illegal If the amount of income is huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined:
(1) Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner;
(2) Publication is exclusive to othersPublishing copyrighted books;
(3) Without Reproduction and distribution of audio and video recordings produced by the audio and video producers with permission;
(4) Producing and selling works of art that counterfeit the signature of others.
According to the provisions of the "Computer Software Protection Regulations", unless otherwise provided by China's "Copyright Law", regulations or other laws and administrative regulations, any of the following infringements without the permission of the software copyright owner shall violate the criminal law. , in accordance with the provisions of the Criminal Law on the crime of copyright infringement and the crime of selling infringing copies, criminal liability shall be investigated in accordance with the law:
1. Copying or partially copying the copyright owner’s software;
2. Issuing, leasing, and disseminating the copyright holder’s software to the public through information networks;
3. Deliberately avoiding or destroying the technical measures taken by copyright owners to protect their software copyrights;
4. Deliberately deleting or changing software rights management electronic information;
5. Transferring or permitting others to exercise the copyright owner’s software copyright.
It should be noted that publishers of software copies , If the producer cannot prove that it has legal authorization for publication or production, or if the issuer or lessor of software copies cannot prove that the copies they issue or rent have legal sources, they shall also bear legal responsibility. However, if the software developed by software developers is similar to existing software due to the limited expression options available, it does not constitute an infringement of the copyright of the existing software.
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