What is the infringement and protection of computer software in the Internet environment
Piracy situation in developing countries, especially China It has a broad mass base, especially the rapid development of the Internet, which has given a hotbed for the development of pirated software. Combating piracy activities in the network virtual environment is very complex and difficult, but the development of society must take measures to protect the copyright of computer software and the rights of copyright holders. Legitimate rights and interests, China has also made a lot of efforts to protect computer software. Strengthening the protection of computer software, promoting the healthy and rapid development of my country's software industry, and balancing the interests of rights holders and the public have always been the goals of computer software intellectual property protection.
In 2000, the Supreme People's Court of my country passed the "About Interpretation of Several Issues on the Application of Law in the Trial of Cases Involving Computer Network Copyright Disputes". Two years later, the current "Computer Software Protection Regulations" were promulgated and a series of supporting laws and regulations were formulated to form my country's legislation on computer software protection. system. Generally speaking, administrative means and judicial means are combined to improve copyright owners' awareness of protection and improve software protection technology to achieve software copyright owners' ability to control computer software.
1Technical protection measures:
1) Anti-copy technology. Prevent users from copying behaviors, such as serial numbers and network authentication technologies, typically representing the "SCMS" system. This system can control both the first and second copying of software. The advantage of being able to control the software's replication again.
2) Unsealing certification technology. The software comes with a standard terms contract (scope of use, quality assurance, period of use, disclaimer, copyright agreement, arbitration agreement). The copyright agreement includes the user's guarantee not to spread to third parties, not to copy, not to crack, etc. . The user must accept the above relevant terms to use the software product.
3) Tracking and feedback technology. Real-time feedback of information through Internet data ensures that the copyright owner controls the software in real time and can only be used with the permission of the copyright owner.
4) Electronic watermark technology. Also known as digital fingerprint or signature technology, specific marks are set in software products to identify the authenticity of the software.
5) Standard system technology. Different regions use different standards, Even if there is infringement, it is only within the controllable range in certain areas.
6) ECMS system. Identifies the identity of the copyright owner, password protection measures, and conducts transactions with users like a contract.
2 Computer software administrative protection system
After years of exploration, our country has formed a certain administrative protection system, with the Copyright Office as the center, the Intellectual Property Conference as the guidance, and the technical A relatively complete software administrative protection law enforcement system formed by the Supervision Bureau and the Industrial and Commercial Bureau to assist administrative units.
3 judicial protection measures
Computer software is a crystallization of high technology and high wisdom, and the rights of the copyright holder are an intangible property right. In 1991, our country also formulated the "Computer Software Protection Regulations" and revised them in 2001. It was officially promulgated in 2002. At present, all countries in the world basically use copyright protection laws to protect computer software.
Summary:
With the current rapid development of Internet technology, computer software protection is becoming more and more difficult. Although China has promulgated the "Computer Software Protection Regulations", the regulations do not include the infringement and protection of computer software in the network environment. There are very few provisions on the issue, and previous judicial interpretations, regardless of their legal effectiveness, can no longer keep up with the needs of the rapidly developing online world in terms of content. Therefore, the infringement and protection issues of computer software in the online environment should be raised We take it seriously.
Piracy situation in developing countries In particular, China has a broad mass base, especially the rapid development of the Internet, which has given a hotbed for the development of pirated software. Combating piracy activities in the network virtual environment is very complex and difficult, and the protection of computer software should be strengthened legally. If you The situation is more complicated. Legal Savior Network also provides online consultation with lawyers.Services, you are welcome to make legal consultations.
