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Network software copyright protection and infringement relief

Author: WuFaQuan
Tutor: HuHongGao
School: Fudan University
Course: Legal
Keywords: Network software Copyright Infringement Copyright Protection
CLC: D923.41
Type: Master's thesis
Year: 2011
Downloads: 111
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Abstract


The rapid development of science and technology, human civilization continue forward. The emergence of the Internet is a profound transformation of human life on virtually all aspects, also brought more and more problems to the current legal system, especially in the emerging computer software industry, the laws previously in force have been insufficient to deal with the reality all the legal crux of the problem; With the addition of the Internet, network software is the traditional legal system formed a greater challenge. 2007 Coral QQ case, the end of its author chenshoufu behind bars, during which there are many issues worthy of our consideration and research, such as the Court for coral civil judgment to the network copyright protection, which revelation corals case why civil judgment and then transferred to the criminal proceedings, Coral QQ similar plug-in software Where to Go. Time flies, three years later, in 2010, the battle between the buttoned bodyguards excitation 360 and Tencent again a cause for concern, but also gave a comparative study of legal researchers. Then, the network software and traditional computer software compared with what difference? Copyright owner of the network software how to better defend their rights? How ubiquitous networking software infringement effective relief? Our current legal system should be carried out how to change immediately following the development of the era? like many other questions need to be researchers conducted in-depth inquiry. Computer software has become one of the most important part in the information industry after decades of development, legal regulation it has been relatively well. But the network software, due to its late time, and therefore has not yet attracted the attention of legal researchers, relevant laws and failed to follow up. I summarize the field of computer software and network Infringement literature based on the first chapter of the origin of the network software and define in given his own views. The reader should note that this paper is to discuss the network software, and its definition under confined within a certain range, but not all, and network-related software, the connotation and denotation are relatively certain. The exercise of their rights to have some general computer software does not have the characteristics of the network software, also has many differences with the latter. The second chapter discusses several possible infringement in the field of network software copyright power, the power of the infringement of the right of reproduction, the right to modify the field of network software, distribution rights, and information networks right of communication constitutes a detailed statement. The analysis then this is a tool of the two cases mentioned in this article, the answer buttoned bodyguards Coral QQ What are the similarities and differences between this issue and pointed out the key to the field of network software Infringement. Just pointed out which power may have been violated is not enough, the lack of the rule of law makes network software copyright holders can not have a system considerations and arrangements on how to protect their copyright, the author gives his own advice in Chapter. Believe that these proposals will provide some help to defend their rights more perfect for the network software copyright holders. Similarly, in the context of the legal system is indeed, software developers do not know what to do in order to circumvent the infringement in order to safeguard the right to develop their own software. Chapter IV of this problem is given his own proposal. Tort relief on the issue of the network software at the same time, the author of the cases discussed in detail as well as evaluating the three network software copyright infringement relief remedies. I hope these suggestions will be a humble contribution for the sound of the rule of law in the field of network software and network software development.

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CLC: > Political, legal > Legal > Chinese law > China and France > Intellectual property rights > Copyright Law
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