1. What types of computer software litigation include
1. Computer software Litigation over ownership disputes refers to disputes over who owns the copyright of computer software. In trial practice, such lawsuits are divided into the following six types:
(1) Litigation over the ownership of professional or non-professional software works;
(2) Litigation over the ownership of software works entrusted to be created;(3) Litigation over the ownership of software works created through collaboration ;
(4) Ownership litigation arising from improvements to computer software;
( 5) Ownership litigation arising from contracts such as software copyright investment, shareholding or license transfer;
(6) Other computer software copyright ownership disputes. Such as software ownership litigation arising from inheritance, etc.
2. Computer software contract dispute litigation
After the computer software license contract dispute occurs, If the parties are unwilling to negotiate or mediate, or if negotiation or mediation fails, or one party regrets after reaching an agreement through mediation, there is no arbitration clause in the contract, and there is no written arbitration agreement afterwards; there is an arbitration clause in the contract or there is a written arbitration agreement afterwards. , after an arbitration award is made, one party fails to perform and the other party applies to the court for enforcement. If the court determines that the arbitration award is illegal and refuses to enforce it, either party may file a lawsuit with the people's court with jurisdiction. Litigation over computer software ownership disputes
3. Litigation over computer software infringement disputes
"Computer Software Article 30 of the Protection Regulations stipulates eight types of infringement of computer software copyright.In accordance with the Copyright Law and the provisions of this article, any lawsuit filed in the People's Court to require the infringer to bear civil liability is a lawsuit for computer software infringement disputes.
2. Judicial protection of computer software
Copyright law is currently the most common judicial protection model for computer software adopted by countries around the world. Our country also incorporates computer software into copyright law for protection.
1. Obtaining software copyright. For computer software developers, copyright (i.e. copyright) will automatically be obtained as soon as the software is developed, regardless of whether it is published or registered. Article 7 of the "Computer Software Protection Regulations" stipulates: "Software copyright holders may register with the software registration agency recognized by the copyright administrative department of the State Council. The registration certification document issued by the software registration agency is preliminary proof of the registration matter." It can be seen that registration is not It is mandatory and is not a necessary condition for obtaining software copyright, nor is it a prerequisite for software to obtain judicial or administrative relief, but is only a preliminary proof of rights. Therefore, registration is not a necessary condition for obtaining software copyright.
2. Software protection scope. Copyright law mainly protects the "work" of computer software, but does not protect the idea and "functionality" of the software. The ideas, processing procedures, operating methods or mathematical concepts used in developing software are not within the scope of software protection, and the protection of software is limited to creative software that is "independently developed by the developer and has been fixed on some tangible object" software.
3. Contents of software copyright. To sum up, the contents of computer software copyright can be divided into two categories: personal rights and property rights:
(1) Personal rights refer to the rights of computer software copyright owners based on their own software Exclusive rights with personal interests as content enjoyed by and related to the work. This right is based on the computer software copyright and is inseparable from the person, cannot be given up or transferred, and has no direct property rights. . According to Article 8 of my country's "Computer Software Protection Regulations", the personal rights of software copyright mainly include the right of publication, the right of signature and the right of modification:
The right of publication is Refers to the right enjoyed by copyright owners to decide whether and how to publish their works. The so-called publication refers to the original or copy of the work,Make it public. According to the provisions of my country's "Computer Software Protection Regulations", computer software developed by Chinese citizens and entities enjoys copyright regardless of whether it is published, and there is no restriction on where it can be published.
The right of authorship, that is, the right to indicate the identity of the developer and the right to sign on the software, is not limited by time, nor due to the death or death of the right holder. disappear and be eliminated. The right of authorship mainly includes the following three aspects: a) the right to sign on the software developed by oneself; b) deciding the method of signature; c) prohibiting others from signing one's own software works.
The right to modify is the right of a software developer to make additions, deletions, or change the order of instructions or statements to the software by himself or by authorizing others. Modification is a continuation of creation and is also a creation in itself. Regardless of whether the work is published or not, the copyright owner enjoys the right to modify it.
(2) Property rights refer to the rights of software developers to control, utilize and dispose of their software works. The property rights enjoyed by software copyright owners can be divided into For the right to use and receive remuneration:
The right to use software means that the right holder can copy, distribute, rent, and information without harming the public interests of society. The right to use the software through online dissemination and translation. The right to use is the core of software property rights, and it is also the basis for rights holders to obtain compensation through licensing and transfer. The right to use is generally enjoyed by the developer, and others can also obtain the right to use through inheritance or assignment. The right to receive remuneration refers to the right holder's right to license others to use the software or transfer the software, and receive remuneration for this. Property rights in software copyrights can only be ultimately realized by licensing others to use or transfer, and obtaining remuneration to realize economic benefits.
The above knowledge is the editor's answer to the question "What categories of computer software litigation include?" It can be seen that the relevant laws of our country clearly stipulate that computer software litigation includes computer Software infringement dispute litigation, computer software contract dispute litigation, and computer software ownership dispute litigation. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
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