The Theory Of Software Infringing Copies Goodwill Legal Responsibility Of The User

The research of the legal liability of goodwill users who use infringing copies of software has great significance. The goodwill users don’t know and don’t have reasonable grounds to know that software being used is infringing in the functional use process. Because "goodwill" is a subjective statement of good users. Thus, in the actual application, the measure of "goodwill " need to consider the following factors of general consumer behavioral standard:purchasing price; purchasing channel; the cognitive ability of purchaser; sellers’guarantee situation. Goodwill users who use infringing copies of software’s legal liability is reflected in Regulations of Computer Software Protection. The regulation suggests all good users must bear responsibilities such as stop infringement. But as per Interpretation on Some Legal Problems about Civil Disputes over Copyright only software infringing of commercial use incurs legal liability. Thus, there is a contradiction between these two regulations.In the academic field, there are two opposing opinions about the research of the legal liability of goodwill users who use infringing copies of software. Negative commentators support that goodwill users who use infringing copies of software should not assume legal responsibilities, while positive commentators think they should. Positive users thinks that if good users consume legal responsibilities, it will violate TRIPS AGREEMENT, and will not be conducive to raising the level of national culture and the appearance of enforcement effect, not conducive to the benefit’s balance between proprietary rights of the copyright owners and public rights. At the same time, supporter hold the grounds that software copyright field don’t apply to theory basis of "acquired with good will"; and that during using infringing software copies goodwill users violates copyrights of copyright owns as it entails copying behaviors, and that it will benefit the balance between exclusive rights of copyright owners and public rights. In comparison, the latter reasons are more reasonable, and more convincing. But their reasons are not comprehensive, because they don’t consider subject classification discussion. Because good users have different purposes to use software and they are involved in the economy market to various levels, and the interests between the copyright owner and users does not necessarily conflict, we need to analyze and classify good users and start to construct a more detailed, reasonable responsibility system based the positive opinion.The system of subject classified is based on the following elements:commercial use; mixed liability:no-fault liability principle to stop infringing and fault liability principle to compensation for damage; defense to the fair use, then classify the all good user to for-profit organizations, non-profit organizations, the department of government and individuals. For-profit organizations need to consume responsibilities because of conform all elements; non-profit organizations don’t consume some responsibility owing to be short of the element of commercial use; government should to consume some responsibility as long as meet common elements; individuals don’t consume responsibility owing to be short of the element of commercial use. In the process of construct system of subject classified, there are some problems that need to be solved:how to define good-will use; how to compensate for the economic losses of good users.