Study on laws and regulations of Information System project managers-Software Protection Regulations

Study on laws and regulations of Information System project managers-Software Protection RegulationsArticle

 

 

1. Software Developers refer:

1. It refers to the legal representative or other organization that develops, directly develops, and assumes responsibility for the developed software;

2. Natural persons who independently develop and take responsibility for the software based on their own conditions.

2. the software copyright holder specifically refers:

It refers to the natural person, legal person or other organization that grants copyright to the software in accordance with the provisions of these Regulations.

Iii. Scope of non-protection

These regulations shall not extend the protection of software copyrights or the ideas, handling processes, operating methods or mathematical concepts used for developing software.

4. Specific computer programs refer:

1. Code-based instruction sequences that can be executed by devices with information processing capabilities, such as computers, to obtain certain results;

2. It can be automatically converted into a symbolic command sequence or a symbolic statement sequence of the code-based command sequence.

Notes: The source program and Target Program of the same computer program are the same files.

V. Infringement

(1) publishing or registering the software without the permission of the software copyright holder;
(2) Publish or register the software of others as your own;
(3) software developed in cooperation with others shall be published or registered as independently completed software without the consent of the partner;
(4) sign the software of another person or change the software of another person;
(5) modification or translation of the software without the permission of the software copyright holder;
(6) Other activities infringing the software copyright.

6. Commissioned Development

If the client and the trustee sign a written contract for the ownership of the software entrusted by another person to develop the software, and no written contract or no explicit agreement is made in the contract, the copyright shall be enjoyed by the trustee.

7. The software copyright holder has the following rights:

(1) permission to issue a table, that is, the right to determine whether the software is made public;

(2) agency right, indicating the developer's identity and the right to sign the software;

(3) modification right: the right to add, delete, or change the order of commands and statements to the software;

(4) copy right: the right to make one or more copies of the software;

(5) Issuance right, that is, the right to provide the original or duplicate of the software to the public by means of sale or gift;

(6) Leasing right, that is, the right to temporarily use the software for a paid license to others, except where the software is not the main subject of leasing;

(7) Information Network Communication Right, that is, the right to provide software to the public through wired or wireless means, so that the public can obtain software at the time and place selected by the individual;

(8) The right to translate the original software from one natural language to another;

(9) other rights that shall be enjoyed by the software copyright holder.

8. tasks assigned by State organs

If the ownership and exercise of software developed by State organs is stipulated in the project task book or contract, and the project task book or contract does not explicitly stipulate, the software copyright shall be enjoyed by the legal person or other organization that accepts the task.

9. Which Software Copyrights belong to the legal representative or other organizations?

If the software developed by a natural person during his or her tenure in a legal person or other organization has any of the following circumstances, the copyright of the software shall be enjoyed by the legal person or other organization, the legal person or other organizations can reward natural persons who develop software:

(1) software developed for the specific development goals in the current job;

(2) The software developed is the expected result or natural result of engaging in its own work activities;

(3) software mainly used for the development of material and technical conditions such as funds, special equipment, and undisclosed special information of the legal person or other organizations, and the liability of the legal person or other organizations.

 

10. What does the document mean?

It refers to text materials and charts used to describe the content, composition, design, functional specifications, development, test results, and usage of a program, such as the Program Design Manual, flowchart, user manual, etc.

 

11. What is the meaning of computer software (hereinafter referred to as software )?

Computer programs and related documents.

 

12. The owner of a valid copy of the software shall have the following rights:

(1) load the software into devices with information processing capabilities, such as computers, as needed;

(2) create a backup copy to prevent the copy from being damaged. These copies cannot be provided to others in any way, and are responsible for destroying the copies when the ownership of the legitimate copy is lost by the owner;

(3) make necessary modifications to apply the software to the actual computer application environment or to improve its functions and performance; however, unless otherwise specified in the contract, without the permission of the software copyright holder, no software modified shall be provided to any third party.

XIII. Death of a natural person or termination of a change to a legal person or other organization

If the software copyright belongs to a natural person, after the death of the natural person, the heirs of the software copyright may, in accordance with the relevant provisions of the Inheritance Law of the People's Republic of China, inherits the rights other than the Agency rights stipulated in Article 8 of these Regulations.

If the software copyright belongs to a legal person or other organization, after the change or termination of the legal person or other organization, the copyright of the legal person or other organization shall be enjoyed by the legal person or other organization subject to its rights and obligations during the protection period stipulated in these regulations; the legal person or other organizations that have not assumed their rights and obligations shall be entitled to the State.