Study: Zhuo Xu (North China University of Political Science and Law Department of Law 2004 Institute) website Release date :2007-11-12 9:02:59
Computer software there is not a very long, but experiencing rapid development. It does not exist in the use of similar mechanical wear and tear. But the paper works, the text is fixed on paper, it is different from ordinary paper work, the program file is fixed in a very easy to read and write the disk. So as long as the use of computer software, you can modify the software. In fact, in the presence of a large computer network software crack. These cracked software is modified the original software. Amendment by the vast majority of software enthusiasts, did not modify behavior through the authorization of copyright holders. Of course, nothing wrong with learning software, unauthorized modification of computer software, but the behavior, it may infringe the copyright rights of many people.
I. Introduction
Computer software refers to computer programs and explain the procedures used to document and guide the total. This article referred to modify the software behavior is based on the original software appears, relative to the original software in terms of behavior, an act made by the user. Changes, including crack, change, reverse edit, compile or decompile. Modified version of the software, dubbed after the original name of the modified version, crack version, optimized version ized, registered version, the words special edition. Pair of original software to modify the one hand, conducive to learning, to study the software as technical knowledge to help identify potential problems, reduce the compilation Yuanchuang software vulnerabilities and errors, and can bypass the limitations of human thinking ? copyright, Shi Original software features more perfect; the other hand, modify the behavior of the software may be infringing the copyright of the original copyright holder, into a tort.
(A) modify the software behavior of the actual situation
Modify the behavior of the software is already very common behavior. On the Internet, it is easy to find a modified version of various software, to modify the behavior of people generally works against the original software, use of the inconvenience, to develop the software program or modify the original remake. Proved a considerable part of the modified version of the software than the original cost of the software in the computer resources better performance, manifested in functions more perfectly embodied in the user experience on the performance of more human. Software modifications, mainly to free software and open source software, shareware, and pay three types of software to modify the software.
1. On the free software and open source software changes
On free software, the amendment to modify the behavior is to meet the practical needs for behavior. Modify the original software in order to let more stable in their computer to run, full play to its functions, so that the software interface even more beautiful, or those who meet the revised usage of original software to streamline, add, to redo. Changes are also willing to respect the freedom of software copyright and other intellectual property rights or related interests (including but not limited to Xianyi available for acquisition or future copyright, patent, trademark, trade secret, etc.) are all on the premise of all my .
Open source software is a free software. But the open-source software is different from other free software, open source software, the changes, remake, or even recompile the original copyright holder who are not only permitted behavior, but original copyright holder who encourage and even promote behavior. It should be said, since it is free software, any crack behavior does not exist, but the existing procedure. GNU GPL - GNU General Public License (English version) license preamble made clear:
"Most of the software license to take away your freedom to share and modify the software. By contrast, GNU General Public License is intended to guarantee your freedom to share and change free software - free software to ensure that all users are free. GPL applies to most of the Free Software Foundation software, and by the use of these software and obligations of developed software. (Some other Free Software Foundation software is covered by GNU Library General Public License). You can also use it in your program.
When we speak of free software (free software), we are referring to freedom, not price. GNU General Public License our determination to ensure that you have released free software for free (if you prefer, you can charge for this service a fee); ensure that you receive source code or can get it when you need; guarantee You can change the software or use pieces of it in new free programs; and that you know you can do these things. To protect your rights, we need to provide: that forbid anyone to deny you the right, or ask you to surrender the rights. If you modify the free software or release a copy of the software, these restrictions translate to certain responsibilities for you. For example, if you distribute copies of such a program, whether for a fee or for free, you must have all the rights you give your recipients; you must ensure that they receive or can get the source code; and these terms They look so that they know their rights. "
For open source software to achieve this effect, it condenses the wisdom of broader programming enthusiasts, development of stable, practical and non-profit for profits in software, computer software in general in tangible benefits to users. A lot of good open source software emerged, many enthusiastic programmers modify the open source software enthusiasts joined the ranks. Open-source Linux operating system is a prestigious software computer operating system. It is precisely because of its features for free, breakthrough companies such as Microsoft and Apple's monopoly on computer operating systems market, has won the favor of many users, is the universal hope of the computer. Its open source strategy, making its development more than any type of computer operating systems more rapidly and strong competitiveness. The most important is that people can arbitrarily developed in the Linux platform to achieve the functionality you want. Free sense of space, enthusiasm and love every computer enthusiasts.
2. On the sharing of software, paid software changes
Shared software, paid software, the amendment is a determined act of behavior. Sharing software is needed for authorization to use, but not necessarily commercial software. Pay software is often said that the commercial software. Substantially modify the behavior of such software is for the. Sharing software and the software self-protection of the rights of the very similar, requiring the user can not rent, sell, modify, alter, reverse edit, compile or decompile the software, or create derivative works of the software, they can not remove the software contained in any copyright notice or information. Users also must not copy, unless it is making a copy for backup purposes. Unless the software labeled "non-resale" or similar words, or the user can, together with accompanying documentation and the software license agreement permanently to another person, but the user may not retain any copy or copies of the software.
Pay the software as a commodity, a powerful, easy to operate, good quality and good reputation, has a large user group. Pay-related operating system software, system tools, antivirus software, programming software development, graphic image production, application software, network software, media tools, the software industry, education, educational software, games, entertainment software, almost all areas, some areas has been Pay software monopoly. Therefore, users like to use one hand to demand payment software, on the other hand do not want spending the high cost of purchasing software, modify behavior greatly facilitate the large numbers of users. It is also based on commercial interests and rights of self-protection, need to pay for the software, done a lot of technical measures to prevent "abuse", to take the user name, registration code, serial number, ID number, authorization documents, verify the version, etc. a variety of ways to conduct "authorized." And, pay a new version of the software constantly upgrade and constantly develop new products replace old products, maintaining its freshness and holdings, the objective changes also increased the difficulty and cost of modifications.
1. Actors extensive, the large number of
Modify the software changes are very extensive and numerous. Modify the software does not need to know how a computer professional expertise. And, in fact most people are only out of love for computer software. There are many computer enthusiasts are not prepared by the so-called "integrity" of the computer program is only to modify the existing program modules, or just the shell, the interface to make some changes, so "creative" out of the modified version of the software. Changes often through self-made tutorials, teaching skills and methods of their modifications, or for the preparation of tools to facilitate the people to change.
Behavior of the basic objectives is the economic goal. The interests of the economy will produce crack behavior. The software is modified, the software maker of software used to make profits, we often can use the software. Modified, causing losses for the producers, not conducive to the protection of copyright producers, using the revised software is also difficult to get the software operator's service. The following few examples illustrate the problems:
1. Crack use Microsoft Windows XP Professional Servise Park 2 pros and cons
Well-known computer operating system Microsoft Windows XP Professional Servise Park 2 is now the most popular computer operating system version. Internal version number is 5.1.2600. Windows XP Professional Official Minimum requirements: CPU: Intel MMX 233MHz; Memory: 128MB; hard disk space: 1.5GB; card: 4MB memory over PCI, AGP graphics card; sound card: the latest PCI sound card; the actual use of the minimum configuration requirements: CPU : Intel PIII 500MHz; Memory: 256MB; hard disk space: 4GB; card: 4MB or more PCI or AGP graphics card; sound card: the latest PCI sound card; CD-ROM: 8x or more CD-ROM; ideal configuration requirements: Intel P ? 1GHz or P4 ; Memory: 256MB or more; hard disk: 20GB or more. The operating system in the "Network Neighborhood" feature module has some shortcomings that we find in the LAN sometimes can not share other people's documents. Changes at home and abroad in order to make low profile fans can use the new computer operating system, and solve the "Network Neighborhood" feature module problem, the preparation of a number of optimization procedures, change system settings, change the part of the program file, summed up the XP Professional Edition solve fault 18 kinds of LAN access method, produced a modified version of Microsoft Windows XP Professional Servise Park 2, a statement "only provide a learning environment does not assume any technical and copyright issues, and not their legal responsibility, Please buy genuine software ", distributing modified versions of Microsoft Windows XP Professional Servise Park 2, can be objectively popularization of Microsoft Windows XP, but really using the modified version of Microsoft Windows XP, just like using pirated Microsoft Windows XP, become piracy victims.
2. Web site provides a wide range. rar suffix name for the packaged file compression format grow the spread of crack WinRAR software
WinRAR software I'm afraid very few Chinese Internet users are not familiar with. It is called "necessary software installed." Web site to download any software or media files are often used. Rar compression format for the suffix name packaged. In fact, the foreign site to. Rar suffix name for the packaged file compression format is rare, but common is .7 z,. Zip and other compressed formats for the extension package file name. The reason is due to. Rar WinRAR format as the standard associated with a paid software. Foreign practices, taking into account the long-term users would not necessarily have a right to use billing software, but users can enjoy a long-term, such as 7-Zip free right to use free software. Also provide services for users, abroad, .7 z,. Zip and other compressed formats for the extension package file name that the user can not use WinRAR package of documents; but also protect the site's own image, not to promote pay-software suspects. On the contrary, widely used in China to. Rar suffix name for the packaged file compression format, contributed to the prevalence of WinRAR, which is easy to use WinRAR is not willing to buy software, users will have to look for cracking on the internet version of WinRAR, even if 7-Zip and other software can extract. rar format, but also because of preconceived WinRAR sake, not for most people to understand. Our network has such a paradox: on the one hand to protect software copyright, the other in the growth copyright infringement.
Third, modify the software behavior problems in the light of existing legal norms may be appropriate to resolve
Modify the software, in particular to pay the software, easy to infringe the copyright of the original copyright holder. But to judge whether the behavior modification of the software infringed the lack of precise legal basis. Modify the software, most of the software for a break. Crack software evolved into pirated software, the performance will be much more serious problem.
1. There is no legal basis
China's "Copyright Law" and "Computer Software Protection Regulations" and not "break" in particular the definition and referred to "break" what is the nature of the act can not be clear. Whether it is reasonable to "crack" or infringement of the "crack" will not necessarily break the software into software piracy, acts in a gray area on the inside. We do not have laws to qualitative, so "crack" behavior do not need to bear legal responsibility. But this is clearly unfair on the software copyright owner.
2. The law, can refer to existing legal norms
Copyright system, the core part of the spirit of the copyright owner rights and economic rights. Persons other than copyright fair use on purpose, in some cases, use of a published work of computer software, that should belong to the copyright law to exercise the right to exercise the rights, may, without the permission of the copyright owner, not their payment of remuneration, but should be specified in the original copyright owner's name, work name, and shall not infringe other rights of the copyright owner. Strictly speaking, these people already constitute copyright infringement, just as for social and public interests into account, and these acts a certain level of technological development in the context of damage on the interests of the copyright owner is not, the law is not considered infringement behavior.
Modify the software, it should be in the original copyright owner or the original copyright holder under the authority of groups. The extent permitted by law, the software can learn the structure, preparation, technical layout, production methods and so on. China's "Regulations on Protection of Computer Software" pursuant to article 16, in order to put the software for the real computer environment or improving its performance and make necessary changes. Article 17 provides that in order to learn and study the design of the software contains ideas and principles, through the installation, display, transmission or storage software, use software, the software copyright owner may, without permission, without payment of remuneration. However, this can not be modified software without the software copyright holder permission to any third parties.
Cracking behavior, and not break the existing scope of legal regulation. With the existing legal provisions to make a reasoned and reasonable, you can draw some of the legal nature of crack behavior. "Supreme People's Court on the trial of civil disputes of copyright law applicable to the problem of the interpretation of" Article 21, unauthorized users or computer software than to the extent permitted commercial use of computer software, based on "Copyright Law" Article 47 (a) Article shall bear civil liability. Accordingly, if the users of unauthorized computer software, "cracked" software for use in commercial use, and need to assume certain civil liability.
IV Conclusion
Tailored to specific legislation is an effective way to protect software and necessary choice
Users to modify the software behavior, on the one hand in the traditional sense of the violations, on the other hand the flexibility of standards-based for real, it is lawful and reasonable use of the software. This requires a concrete analysis of specific situations. There are also some international computer software related to the protection of documents, In addition, there are as GNU GPL - GNU General Public License free software such as international contracts, which are to protect the legitimate rights and interests of the software copyright owner.
However, we should also realize that our laws in the computer software is still imperfect in this science and technology li, computer software Youbutongyu invention works and the natural properties, Xianyoumoshi defects is Qi Zi Shen unable to overcome Biaoxian as can not effectively stimulate innovation and promote the dissemination of knowledge power and popularity of the software can not balance the monopoly rights of people with legitimate needs of the public conflict between the promotion of intellectual property law is difficult to achieve innovation and dissemination of knowledge functions. Tailored to specific legislation is an effective way to protect software and necessary choice, so as to ensure and promote faster development of computer software technology.
[References]
Law Category:
1. Yujin Song, Wu climbing editor: "International Economic Law" (second edition), Peking University Press, Higher Education Press in July 2005, 2nd Edition.
2. Give Impetus: "Intellectual Property Law", China Renmin University Press, 2000 edition.
3. ZHANG Cheng-quan, FANG Yu Qian: "On the" two-level "software the right to the necessity and feasibility of special legislation", in Wang Limin, Huang
Wu-double-editor: "Intellectual Property Rights Law" (II), Peking University Press in September 2005 1st edition.
4. "GNU GPL - GNU General Public License", June 1991 2nd Edition, (C) 1989,1991 Free Software foundation, Inc.
Computer Class:
5. "Linux Tutorial", Tsinghua University Press, 2006 1st edition.
6. "C + + Programming Basics", Jilin Science and Technology Press, 2nd edition, 2005.
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