1. Copyright law only protects the form of a work, but not the content of the work.
This means that the conception of the software work is not protected. Software works are different from traditional written works. Their essence is just an algorithm, a logical organization of mathematics, pure scientific principles and abstract formulas, and a direct reflection of the laws of nature. Different software has the same essence, and the differences between software are huge. Part of it is "conception". The concept of a software work is not protected, only the expression of the work is protected, that is, the program code is protected. However, if the program "conception" or "creativity" written by a software author with great pains and originality is plagiarized by others, others may use another "Translate" his works using a programming language (due to technological advancement, there may be incidents of copying software based on written materials such as instructions). According to the current copyright law, the creator's "brain power" cannot be protected. The occurrence of this situation will make the creation The developer's enthusiasm for development is greatly reduced, which violates the original intention of the Copyright Law to "encourage creation".
2. The Copyright Law only prohibits plagiarism, but does not prohibit the creation of two independently created works. Similar.
How to distinguish similar software independently developed by two people; how to define similar software developed by others through reverse engineering analysis; how to distinguish similar software developed by others through modification or change of language The current copyright law is at a loss as to how to deal with plagiarism and imitations made in formal formats. The legitimate rights and interests of kind-hearted independent developers of software works will be extremely vulnerable to damage. The crux of the matter is that the software concept cannot be protected by law.
3. Traditional copyright law only prohibits others from copying a copyrighted work for profit, but does not prohibit others from copying a copyrighted work solely for personal use. This means The purchase and use of pirated software is not within the scope of legal restrictions, which plays into the hands of pirates and infringers. The lack of legal restrictions is tantamount to "encouragement", and the "legitimate" development of the piracy market will inevitably affect the legitimate interests of the owners of software works. will be infringed.4. An important part of copyright is the author’s right to modify, that is, others have no right to modify the copyrighted work, and computer software needs to be used before Continuous improvement during the process requires some modifications. According to the current copyright law, modification means the occurrence of "infringement" behavior, which is obviously unreasonable.
5. Copyright protection period During the author's lifetime and 50 years after his death (individual) or50 years (unit), while software products are updated quickly, have a short lifespan, and the copyright protection period is too long, which is not conducive to the optimization of software products. Therefore, in practice, the copyright protection period does not play a normative role in relation to software works.
