Computer Software Reverse Engineering Law Studies

Computer software reverse engineering refers to the target through the softwareto others for "reverse analysis, the research work, restore the software’s source code,thus deduces the thinking of other software, the principle, structure, process, operationmethod, etc. The process of design elements. Questions about the legitimacy of thereverse engineering has been the focus of academic debate, this article mainly fromthe value of the copyright law, law and economics and legal norms, such as Angle, toall-round software reverse engineering of legitimacy. In which, as a result of softwarereverse engineering there are connected with infringement of "grey area", whichmakes the reverse engineering behavior and tort in some cases it is difficult todistinguish, this paper argues that it is necessary to clarify the relationship betweenthe two, make the line between the two clarifications in order to avoid confusion. Inaddition, about the protection of computer software patterns, at present the main is touse copyright protection mode, but in the practice of business secret protection mode,contract law protection mode is also the holder of the software often choose way, thispaper analysis the advantages and disadvantages of different protection modes forcomparison and research. And patent law protection mode because of its moretargeted to the protection of computer software, and gradually got the attention ofmore software obligee and favor, the future of software protection mode willcontinuously expand and develop.Software reverse engineering has important practical significance, it intransmission and driving innovation, promoting technology progress, inspire,encourage competition, and many other aspects of an application for a patent for allhas the positive social significance. In the current under the background of ourcountry to develop the software industry, software reverse engineering should be moreof our attention. Not only that, reverse engineering more embodies the interestbalance mechanism of intellectual property rights, in terms of balance the softwarecopyright owner interests and public interests has played a pivotal role. Legislation inour country, however, there are a lot of blank, the vagueness of the existing law alsofurther perfect and need to discuss. Therefore, it is necessary to draw lessons fromforeign advanced legislation in our country, detailed analysis of the implementationcondition of the reverse engineering in China, enrich to perfect relevant legislation, toclear in the legislation in reverse engineering as soon as possible, given the legalnature of reverse engineering more detailed content, makes every effort in the broaderscope determine the legitimacy of the reverse engineering.