What are the legal responsibilities for infringement of computer software copyright?
(1) Civil liability Liability for infringement
Unless otherwise provided by laws and administrative regulations, those who commit the following infringements shall, according to the circumstances, be responsible for stopping the infringement, eliminating the impact, and making an apology. , compensation for losses and other civil liabilities:
1. Publish or register the software without the permission of the software copyright owner; 2. Publish other people's software as one's own software Or registered;
3. Publish or register software developed in cooperation with others as software completed alone without the permission of the collaborator; 4. In Signing someone else’s software or changing the signature on someone else’s software;
5. Modifying or translating the software without the permission of the software copyright owner; 6. Other infringements Software Copyright Act.
(2) Responsibility Comprehensive legal liability for infringements
Unless otherwise provided by laws and administrative regulations, the following infringements are committed without the permission of the software copyright owner If the infringement is infringed upon, the person shall bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses according to the circumstances; if it harms the public interests at the same time, the copyright administrative department shall order the infringement to cease, confiscate the illegal gains, and confiscate and destroy the infringing copies. A fine may also be imposed; if the circumstances are serious, the copyright administrative department may also confiscate materials, tools, equipment, etc. mainly used for making infringing copies; if criminal law is violated, in accordance with the provisions of the Criminal Law on the crime of copyright infringement and the crime of selling infringing copies, Pursuing criminal liability in accordance with the law:
1. Copy or partially copy the copyright owner's software; 2. Release, lease, or disseminate the copyright owner's software to the public through information networks;
3. Intentionally avoiding or destroying the technical measures taken by copyright owners to protect their software copyright; 4. Intentionally deleting or changing the electronic information of software rights management; 5. Transferring or allowing others to exercise the copyright owner of software copyright.
(3) Legal responsibilities of the parties involved in software copies
The publisher or producer of software copies cannot prove that their publication or production is legally authorized, or the publisher or lessor of software copies cannot prove that they publish or rent copies If the product has a legal source, it shall bear legal responsibility.
1. The holder of the copy of the software does not know and has no reasonable reason to If you know that the software is an infringing copy, you will not be liable for the design ideas and principles. If you use the software by installing, displaying, transmitting or storing the software, you can do so without the permission of the software copyright owner and without paying him any remuneration.
2. Rights of users. Owners of legal copies of the software have the following rights: to install the software into computers and other information processing equipment according to the needs of use. capable device; to make backup copies in order to prevent damage to the copies. These backup copies shall not be provided to others for use by any means, and the owner shall be responsible for destroying the backup copies when the owner loses ownership of the legal copy; in order to Make necessary modifications to use the software in actual computer application environments or to improve its functions and performance; however, unless otherwise agreed in the contract, the modified software may not be provided to any third party without the permission of the software copyright owner.
3. Similar development. Software developed by software developers is different from existing software due to the limited expression options available. Similarly, it does not constitute an infringement of the copyright of existing software.
The above knowledge is the editor's opinion on "infringement of computer software copyright" What are the legal responsibilities?” If you need more legal helpFor help, welcome to the Legal Savior Network for legal consultation.
