Legal Research And Counter Measure On Mal-Ware Problem

Based on the analysis of the operational mechanisms and principles for malicious software, this article makes some summary and classification works. The author wants to make people more profound understanding of malicious software in essence through phenomenon introduction and technical analysis. Thus we can give it a more accurate definition. Because of the operating modes and the different functions of mal-ware occurred in complex user environments which lead to a wide variety of legal disputes, there is a big blank to the existed law of China. The commercial operation of malicious software is located in a gray area between legitimate commercial software and computer virus. This research is conducive to solving the problem in court. From the point of view of intellectual property rights, mal-ware problem could be considered under copyright. Rights owners abuse their rights and lead to all kinds of malicious acts. In this paper, a detailed analysis of the various domestic regulatory documents about mal-ware, which pointed out the shortcomings of the law, is being made flawlessly. Through the copyright restrictions on the rights owner and focus on the existing copyright law, I give three of solutions. At the same time regulating the rights of the software release and dissemination action is also being made a certain amount of study and reflection in this paper.