Yu Guofu: Author of Shared Software FAQs

First of all, sharing software seems to have nothing to do with legal issues. Luxurious users do not directly develop legal sharing software, but in fact, sharing software is closely related to laws, in addition, I am very responsible to say that if you do not pay attention to legal issues, the consequences will be very serious. Why? There was a case at the time of sharing the Software Forum last year. At that time, the case was not yet judged. I just told you roughly that this case will be investigated by law. By this year, the case has been determined, he sentenced the software author to one year and one month in prison. Now let's talk about this case. First of all, this sharing software is used for text message software. As short messages have developed rapidly in the past two years, companies specializing in text message software have emerged, at present, Company A is called Company A first. Company A found this person and said that he could help me with this software. This software should provide customers with group-based services. Then he provided the software for company A, but there is A clause. I want to provide you with my own copyright, but the copyright of this software is only for Company, then, Company B wants to replace Company A for the software. He found the designer and said that since you can develop the software of Company A and say that I can't do such A set of software, the author said that this software was originally developed by me, I can also develop another set of software and then design a set of software for Company B. Then the two companies had A property right dispute. Company A sued Company B for infringing the copyright of the software. In this case, the Beijing Municipal Court ruled that the copyright of the software should belong to Company, why? Because the software clearly indicates that the copyright belongs to Company. The software author said that I have written this contract and I can still use it on my own. That is to say, the copyright should belong to me. However, the Court did not think so. The Court held that when you developed the author, the copyright on the copyright page clearly indicated that the copyright belongs to Company, when the results of this civil lawsuit were staged, Company A complained about the software author and Company B with infringement of trade secrets. Finally, Company B said, I don't know if this software is changed from your software. The software author is the only responsible.

This shows that we will be deprived of freedom without paying attention to legal issues. Some time ago, we also knew that a software author was also deprived of freedom without paying attention to legal issues, that is, Shang shutong (sound), And I woke him up, he involved the copyright of the software.

Next I will share my PPT with you. First of all, shared software may face many legal issues, including equity issues and version issues during business operations. However, intellectual property rights are a common issue, just now, I also noticed that the guests and materials at the conference also put intellectual property rights on a very important issue. Intellectual property rights are actually a combination of several all-powerful products, including copyrights, trademark rights, patent rights, and intellectual goods and services. First, let's look at copyright. In China, its legal origins come from the copyright law. There is a website on it. The first case I mentioned just now is that the copyright regulations are unclear, as a result, the author of the software made a mistake in legal judgment. The author believes that there is no problem, but the judicial authorities believe that you have a problem and see what provisions are imposed on copyright ownership. We can see that there are a lot of dense words. First of all, the principle of copyright belongs to the author. If I am the author of this software, I will enjoy the copyright of this software. Generally, the author should be a person, and the person with the ability to create works is the author. We say that at the early stage of software development, the early stage of the software industry is often right, many of the shared software is developed by one person, and the person who creates the shared software is the author. However, in today's society, the social production requires us to use the team concept, what should I do when a software team is developing? The Work of the legal person or organization and the legal person or other organization is deemed as the author. In addition, when there may be no one to claim the rights of the author, or there is no way to prove who created the work. If there is no reverse proof, the person who signs the work is the author. The first case was actually signed by the author on the work, so the copyright of the software was determined to belong to Company.

In addition, the work of a position is a relatively confusing concept. The legal person or other organizations have the right to give priority to use the work within the business scope. Within two years, the author cannot permit a third person to use the work in the same way. Of course, there is also a channel where copyrights are enjoyed by the organization or individual and must meet the following two conditions: use the technology of the legal person or other organizations to create copyrights; or use the computer software of the legal representative or organizer. Therefore, we must pay attention to the issue of copyright protection.

This article is excerpted from Lawyer Guo Fu's speech on the sharing software forum.