If the other party’s application name has been registered, it is an infringement; vice versa.
Levels of software copyright protection
1) Original software (normal protection)
2) Free software
A. Free software is a free trial software distributed for a fixed period.
⑴ ***Main distribution channels for software sharing
① Distribution through trade fairs
② Distribution through bulletin board web pages
③ From one trial user to another trial user
⑵ Contents of the shared software
The shared software has all or part of the functionality; the source code is usually not included in the ***In the software program.
B. Protection regulations for free software
⑴ Free trial for a fixed period
Free software usually includes an "introduction" (reaadme) The file or open menu indicates that the software is free software and a statement about how and where to send money. Within the period agreed in the statement, users can try the free software for free.
⑵ Purchase the right to use or deactivate after the trial period expires
Some free software automatically locks the software functions after the trial period; others do not have expiration lock protection. . In any case, continuing to "trial" after the trial period violates the rights of the copyright owner.
⑶ Trial only
① During the trial period (without the permission of the copyright owner), it is illegal to develop new applications for the *shared software.
② Many computer books come with free software disks, which are only part of the free software distribution system. Purchasing the book does not mean purchasing the included free software.
⑷ Profitable distribution is prohibited
Trial users are not allowed to make profits by copying or distributing shared software.
3) Free software
A. Free software is a weakly protected software that is distributed and used for free.
The distribution method of free software is similar to that of free software.
B. Protection regulations for free software
⑴ "Remember the source when drinking water" principle
Any application developed by users derived from free software must also be treated as free software.
⑵ Profitable distribution is prohibited
Non-copyright holders are not allowed to make profits by copying and distributing free software.
4) Public domain software
A. Public domain software
Public domain software, also known as free software, is a work in which the copyright owner has explicitly given up the property rights. software that can be used freely by anyone.
⑴ It is allowed to obtain economic benefits by copying and distributing free software
⑵ The property rights of secondary development results of free software belong to the secondary developers
⑶ For application development based on free software, the developer owns the ownership of the application results
B. Special provisions
⑴ It is generally believed that the copyright owner of the original free software has not given up his moral rights .
⑵ For those who meet one of the following items, except for the developer’s identity rights, all rights of the software will enter the public domain before the expiration of the protection period:
8. Software copyright Protection period
The protection period of software copyright is twenty-five years, ending on December 31st of the twenty-fifth year after the software is first published. Before the expiration of the protection period, the software copyright owner may apply to the software registration and management agency for an extension of twenty-five years, but the maximum protection period shall not exceed fifty years. A software developer’s developer status rights are protected for an unlimited period of time.
9. Software copyright owners
Software copyright owners: entities and citizens that enjoy copyright rights to software.
Generally, software copyright belongs to the software developer.
Software developers usually refer to legal persons or unincorporated units that carry out actual organization and development work, provide working conditions to complete software development, and are responsible for the software; they can also rely on their own conditions to complete software development and be responsible for the software. Responsible Citizenship.
1. Cooperative development: Developers enjoy the rights together (except for contracts and agreements)
(1) Divisible: enjoy the rights separately; the overall copyright shall not be infringed upon when exercised;
(2) Indivisibility: Developers exercise their rights through consensus.
2. Entrusted development: It is agreed in the contract between the two parties that if there is no limited contract, the rights belong to the developer (the entrusted person); tasks assigned by superior departments or governments will be handled in the same manner.
The copyright of software professional works belongs to the unit.
10. Software copyright use license
1. Use license
Since the object of intellectual property protection is an intangible property, it can be used by many people at the same time. Possession. The principle of "one thing, one right" in law embodies the use license in the field of intellectual property rights.
The so-called software license refers to an agreement between the software right holder and the software user to determine the rights and obligations of both parties. According to this kind of agreement, the user does not enjoy ownership rights, but can use the software product at the time, place and method agreed upon in the agreement.
Software license is different from the transfer of software rights. There is no transfer of copyright or change of copyright owner.
2. Types of use licenses
According to the different use rights and exclusivity granted by the licensed use, it can be divided into three types:
( 1) Exclusive use license: The right holder authorizes the software through a written contract, and the authorized party can determine the exclusivity according to the method, conditions, and time specified in the contract. The right holder shall not grant the right to use the software to a third party, nor may the right holder himself use the software. ;
(2) Exclusive use license: The right holder authorizes the software through a written contract, and the authorized party can determine the exclusivity according to the method, conditions, and time specified in the contract. The right holder shall not grant the right to use the software to a third party. , the right holder can use the software by himself;
(3) General use license: The right holder authorizes it through a written contract, and the authorized party can determine the exclusivity according to the method, conditions, and time specified in the contract, and the right holder The right to use the software can be granted to a third party, and the rights holder can also use the software himself.