Research On The Reselling Of Computer Software Carrier

With the popularity of computer and software in the world，computer softwaredevelopers give additional protection for software through software license, andpropose that he just gave the user the right to use the software, which the user is notthe owner of the software carrier and therefore may not resell the software carrier.This paper studies the reselling of the software carrier. This article is divided into fivechapters, totally more than two million words:The first chapter mainly puts forward the question, introducing relating cases ofour country, while the study focused on identifying the reselling of computer softwarecarrier is the software copyright licensing or "Distribute" behavior in the CopyrightLaw.The second chapter introduces the two views of the reselling of the softwarecarrier in the domestic and international theory and judicial practice, which are theviews of software licensing and software carrier distribution, pointed out that thelegal nature of the software licensing is not our copyright Licensing in Copyright Law,but the ordinary anonymous contract in our country "Contract law", while noting thatthe carrier shift in the form of computer software is the behavior of distribution inCopyright Law, should be subject to the principle of exhaustion of distribution right.Chapter III introduces the evolution of the U.S. case law on the issue of reselling of computer software carrier, and analysis of the U.S. case law is open to question.The fourth chapter is the solution of the reselling of the software carrier. Theauthor analyzes the software licensing restrictions on reselling terms is whetherdamage to social and public interests or not, and finally pointed out that our countryshould provide that the"exhaustion of distribution right"rules in Regulation For TheProtection Of Computer Software,in order to prevent software developers to undulyrestrict the users on the ownership of the software carrier.