Software Copyright Abuse And Its Legal Regulation

Intellectual property rules system is very important to protect the producing of intellectual production. For the domain of software, the system is the precondition that the domain can exist and develop. It can be said that no intellectual property rules system, no the domain of software. The copyright of software mostly is one kind of property right. It also belongs the right of legal monopoly. As one of the property right, the intellectual property is mostly one private right. As one of the monopoly, it can be not avoid that the intellectual property will have a effect to the social interest.Just like many other domains, the software domain have form the structure of highly monopolization. Different measures to restrict competition often appear. The order of competition was destroyed hardly. It is just the order which insured the domain develop healthy.Most measures to restrict competition in the software domain relate to the ill-use of software copyright, and often relate to the ill-use of dominance in market. Sometimes, they are landscape, sometimes portrait. The portraits is on the dominant place. Show as one unsubstitutability's market advantage status of product can strengthen its downstream unsubstitutability and market advantage status. And opposite, the downstream unsubstitutability's market enhancement , advantage of status of products strengthen the unsubstitutability and market advantage status. These forms of expression of limiting the competition behavior are as follows, utilize the market advantage position, set up and strengthen the barrier of the application program or operating system procedure barrier, utilize OEM to put the software and squeeze the rival in advance, discriminatory pricing policy, pairing unsalable up with goods that sell well or trussing up and sells the behavior , lures the ICP into adopting specific technology, and technology the can only in specific customer serve and function, with the way of trussing up with the ISP.The copyright ill-useing happens frequently . not only because popular reason , but also system reason and technological reason. highly monopolized marketconstructive, unsubstitutability of some software products, conflict of copyright system and antitrust system, monopoly right nature of copyright, software market's multi-level, factor of standardizing of hardware mutually combined the profound reason why the behavior produces .Relative to tradition works, software have their own characteristic. Based on the characteristics of software, the software copyright system should be perfect. On one hand, the content of software copyright should be modified, Such as to shorten the protective time limitation; to treat different soft ware with a certain discrimination according to whether the object code had been anounced, to relax the range of rationally-use ,etc, Meanwhile , according to the competition characteristic of the software market, set up relevant antitrust systems. Through perfect legislation of the two respect to form the competition order that can accelerate the development of the domain.