On China's Copyright Protection Of Computer Software

Many factors make the both form and content of the copyright protection legislation of computer software controversial. China's "Copyright Law" has just celebrated its 20th anniversary of its birth. In this context, it is of both theoretical significance and practical significance to study and investigate how to better protect computer software in the current system of copyright law.At the beginning, this thesis introduced and discussed about the selection of computer software protection mode and the legislative process. Then, on the basis of analyzing and comparing the computer software copyright protection legislation in different countries and regions, some ideas and suggestions on how to improve China's computer software copyright protection are presented, in order to promote the construction of the related legal system, and also contribute to the development of high-tech industries.The thesis proposed that China should set its level of copyright protection of computer software in the "second level", based on national conditions of China and from the perspective of the balance of interests. China should abolish the "Computer Software Protection Regulations". Instead, the content of the"Regulations"should be absorbed into "Copyright Law", and try to resolve the problem of software copyright protection within the framework of "Copyright Law". China should also make the necessary changes and adjustments to the "Copyright Law", based on the special characteristic of software, which include extending the scope of fair use of software, reasonable definition of the end-user's legal liability for using unauthorized software, clear attitudes on legislation of Reverse Engineering, and so on.