Research On The Problem Of Software License System In Practical Application

With the continuous development of technology and popularized of computer software,software licensing has become the main means of the business transaction. Compared withthe traditional literary works, the software has the functions of nature, and more easilycopied and spread, which makes the protection of software intellectual property is becominga research hotspot. This paper firstly introduces the concept and classification of computersoftware, discusses the relevant intellectual property legal definition of software protection,clear object including computer programs and documents. As for software categories, can becarried out from different dimensions, which according to the software function is dividedinto system software and application software, application software according to the targetuser groups can be further divided into general and special software. Secondly, introduces thesoftware license system, including the basic concept, license type, as well as the main modeof special software licensing, licensing contract, and the copyright owner how to obtainincome through licensing. According to the analysis of software practice license two kinds ofcommon problems, a software user, break through licensing scope limiting behavior throughvarious means, two, the copyright owner using self-made license contract, to force people toobtain the special condition, so as to obtain higher revenue problem. For the first problem,through the analysis of the four elements of tort, analyze whether it belongs to tort, combinedwith analysis of the liabilities for breach of contract, the Licensee shall bear thecompensation for damages. For the second problem, mainly discusses the rights of customlicense contract, illegal acts that may exist, one hand against the intellectual propertyprotection purposes, broke the individual and public benefit balance, on the other hand, fairvoluntary breach of contract law, and to some extent undermine the syndrome of normalmarket competition order. Finally, we should mainly from the increased awareness ofprotection, three aspects of the technical innovation and the laws and regulations, improvethe intellectual property protection system software.