Research On Determination Of Compensation Amount For Computer Software Infringement Damages

Nowadays the infringement of computer software has become more and more intense,every country in the world has completely different laws and provisions to protect the legalinterests of the right holders of the computer software, which can seriously affect orpromote their compute software industry development. From the abroad cases, we can seethat there is a big gap between our country and other countries to meet our computersoftware development needs and also affect the legal interest of the right holders.Starting from the study of the compensation amount of the software infringement,this article studies to find some ways to improve the way to protect the software throughstudying the relating various aspects. This article is divided into four chapters, the firstchapter introduces and analyses the cases of the compensation amount of the softwareinfringement. The second chapter focuses on analyzing basis (home and abroad) of theamount of the infringement including legal factors, policies, old cases and economydevelopment level and so on. Chapter2also analyzes and compares domestic and abroadlaw. The third chapter analyses the scope of the software infringement and how todetermine the compensation amount. The third chapter is also the important part of thearticle. If we add the compensation of mental damages and punitive damages to thecompensation amount of the software infringement, then the amount will increase, moreimportant, the high compensation amount will lead to less infringe behaviors and promotethe real software in our lives. At the same time, such cases are very complex, particularlyreflected in the calculation of the compensation amount of the software infringementdamages, because it not only involves law but also involves other factors. The fourthchapter discusses the suggestions about improving the compensation amount of thecomputer software infringement, and innovates the basic theory: the illegal infringementcompensation is necessary even without the damages，which is a kind of moral damages； And the strict punitive damages should be built. At the present time, relevant theinfringement compensation laws of computer software need to be improved.Many scholars think that different countries have different laws and we don’t need tobe on the same par with other countries, for example, Professor Yang Xiongwen of the lawschool of South China University of technology. But I think nowadays there is a great gapof the law and cases between our country and others, which affect the development of thecomputer software industry. So, from170cases this article studies the reasons, the scopesand the way to calculate the infringement compensation amount of computer software. Ithink that we should take into account the non-damages compensations system and addpunitive damages into the compensations and establish a scientific, fair, reasonable andunified computer software compensation system, and study the new law about that.So, thisarticle has some practical significance.