The Legal Issues Research Of Software Outsourcing Copyright

For the promotion of the global economic integration, the software outsourcing is developing very fast as an emerging industry. Cause one of the hobby about the writer is computer software using, in the daily use of the software and the understanding of software companies development, I gradually discovered the major issues for restricting the development in China's software outsourcing firms and the entire software industry. By chance I knew that Dalian became the first software outsourcing model city in China. At this point, I found that it is the right moment to our country to establish the nationwide unified standard and management after all the suffering. So we can end this situation of each city fighting separately. Therefore, the writer hopes to use the knowledge to analyze China's software outsourcing industry and to seek solutions to these existing problems. All the above analysis prompted the birth of this paper.This paper is total divided into five parts:Part I: Introduction of the software outsourcing industry, the origin and development, the legal concepts and the classification of software outsourcing.Part II: To analyzed the nature of different types of software outsourcing and the right of ownership from the legal perspective. And in the legal level, the nature of the software outsourcing is two kinds of contracts: the software processing or software (commissioned) developed contract, but there is usually trouble over copyrights for the latter.Part III: Combining the domestic and international software outsourcing legal protection status, to discuss our problems in this regard. And emphasis on software outsourcing in the software copyright of commissioned development contract as an example.Part IV: To analysis the common way of tort about the software commissioned development contract of copyright,and judge the infringements in China's software outsourcing industry.Part V: Based on the characteristics of China's software outsourcing industry, some legal protection suggestion and specific measures are made for problems of the outsourcing industry (especially software commissioned development) in detail.