Infringement Of Computer Software In The Internet Environment Protection

The central issue discussed in this dissertation is a hot problem of the contemporary intelligent property right protection law: The infringement and protection problem of computer software under the Internet environment.Since 1969, IBM company adopted the computer software and hardware to account the price method respectively first, the computer software becomes a kind of independent merchandise, the software industry becomes a kind of newly arisen high-tech industry gradually, the computer software also therefore becomes a kind of new intelligent property right object. The international community tries to make use of different law mode to take into a valid protection to it. before the Internet technique appeared, the technique of replication and the dissemination still imitated a technique, the computer software carried a body to mainly express for the disk, CD etc. so it has no essence difference with the dissemination of traditional "printing ages", The infringement that at that time to the software is the replication CD etc. after 90's of 20 centuries, with the development of modern technique. the mankind enter an Internet age technique for ages show the characteristics that an information to hand over with each other in long-distance , this technique provided an all new "way" for the dissemination of information. On the other hand, it makes the dissemination of information get away from visible material to carry the tie of the body, carrying out the dissemination method to leap; Also make the information send out a person to had huge increment on the community on the other hand, like former each birth of important science and technology result will give the law relation that have already have produce deep influence, along with Internet technical fast fierce development, the protection of the computer software faces a more rigorous challenge, what the Internet technique is pound at to change protective equilibrium of existing intelligent property right law: On the other hand, the Internet was the dissemination and exploitation of[with] knowledge to provide incomparable fast passage, contributing to the social function that carries out the intelligence result, being advantageous to the reproduction of[with] knowledge; But also broke to become for long time on the other hand of the intelligence result right person and the benefits of the society equilibrium situation, may make the computer software work power right the person is in the Internet control the possibility of one self's work also big in order to lower, make the software right person's benefits face thus unprecedented of more hard prevention with overcome of the infringement is dangerous.The present stage our country software industry and abroad compare comprehensive real strength weaker, add it because language etc. the factor lack an oversea market, if don't push a local market to have the preface development healthily, the so local software business enterprise will may...