State Council Order
2001 No. 339
The "Computer Software Protection Regulations" are hereby announced. Since 2002 Effective from January 1st.
December 20, 2001
"Computer Software Protection Regulations"
Article 30 The owner of the copy of the software does not know about it and has no legitimate reason If you should know that the software is an infringing copy, you will not be liable for compensation; however, you should stop using the infringing copy and destroy the infringing copy.
If stopping the use and destruction of the infringing copy will cause heavy losses to the user of the copy, the user of the copy
may pay a reasonable fee to the copyright owner of the software. Continue to use the software.
Is it illegal to use pirated software? There are too many people using piracy nowadays.
This is the first time I have seen pirated software.
Hello, the analysis is as follows purely from a legal perspective:
According to Article 30 of the "Computer Software Protection Regulations": the holder of the software copy does not know and has no legitimate reason You should be aware that if the software is an infringing copy, you will not be liable for compensation. However, the copy should be discontinued and destroyed.
It can be seen that bona fide holders of pirated software (infringing copies) have no right to continue to use the pirated software and should stop using it and destroy it, otherwise it constitutes infringement.
If the holder is malicious (that is, knowingly installing and using the pirated software), it constitutes infringement and should stop using and destroy the pirated software and bear liability for damages.
Is it illegal to use pirated copies of Windows?
It is not illegal to use pirated versions of Windows.
Generally speaking, PCs, i.e. home PCs, will not be held accountable for using pirated versions of Microsoft.
If your computer uses pirated software, then your computer may use pirated software, because pirated software will bring great security risks to your computer. If your computer uses If it is pirated software, then your computer may be stolen, because pirated software will bring great security risks to your computer.
Enterprise users are different. Generally, enterprise users have to spend money to buy genuine operating systems such as servers and workstations. Otherwise, Microsoft will be held accountable if discovered.
Microsoft will ban a batch of black K’s every once in a while, resulting in a large number of black K’s being used to verify that Windows users need to obtain new K’s from the above or other channels for verification before using them.
Is it illegal for individuals to use pirated software?
It is understood that under the current circumstances, personal use of pirated software does not constitute an offense and can only be restricted by moral norms.
What are the consequences if a company is caught using pirated software?
The impact will definitely be there, but it depends on the level of the lawyer. Personal misappropriation is definitely a problem. If the lawyer is tough enough, he can pass the company's responsibility for compensation, but then the software company will demand the purchase of pirated copies. The company changes the genuine version or deletes the software.
Is it illegal for users to use pirated software?
Comrade Editor: Recently, I purchased a set of computer program software from a computer company for my own use. Colleagues at work said that this kind of software is pirated software and cannot be used. Otherwise, the developers of genuine software will come to me and ask me to bear legal responsibility. I don’t understand. Is it illegal for users to spend money to buy pirated software for their own use? Reader: Liu Ling -------------------------------------------------- --------------------------------------------------Reader: To adapt to WTO rules According to the requirements, my country has strengthened the protection of computer software intellectual property rights.
In order to adapt to the requirements of WTO rules, my country has increased the protection of computer software intellectual property rights. In response to the current situation of repeated prohibitions on computer software piracy, the State Council promulgated the "Regulations on the Protection of Computer Software" (hereinafter referred to as the "Regulations"). The Regulations draw on the practices of most developed countries and expand the scope of computer software piracy infringement subjects from producers, sellers, and lessors to end users. According to the Regulations, computer software refers to computer programs and related files. A computer program refers to a sequence of coded instructions that can be executed by a computer or other device with information processing capabilities to obtain a certain result, as well as a sequence of symbolic instructions or a sequence of symbolic statements that can be automatically converted into a sequence of coded instructions. Documentation refers to the text information and diagrams used to describe the content, composition, design, functional specifications, development conditions, test results and usage methods of the program, such as program design manuals, flow charts and user manuals, etc. Copying computer software (hereinafter referred to as software) is one of the important rights enjoyed by software copyright holders in accordance with the law. Unless otherwise clearly provided by laws and administrative regulations, copying or partially copying the software without the permission of the software copyright owner is an act of software piracy and constitutes infringement. You should bear corresponding civil, administrative and even criminal liabilities according to the circumstances. In addition, in order to fundamentally eliminate the existence of the pirated software market, the "Regulations" changed the previous practice of only pursuing the legal liability of pirated software producers, sellers and lessors, and specifically stipulated the legal obligations of end users not to use pirated software and responsibility. According to Article 30 of the Regulations: "If the holder of a software copy does not know and has no legitimate reason not to know that the software is an infringing copy, he shall not be liable for compensation; however, he shall stop using and destroy the infringing copy. If he stops The use and destruction of infringing copies will cause heavy losses to the user of the copy, and the user of the copy can continue to use the copy after paying a reasonable royalty to the software copyright owner." The term "did not know and had no reasonable reason to know" refers to the subjective state of mind of the holder of the infringing copy, which is usually determined based on the holder's professional knowledge and the acquisition channels and prices of the infringing copy. In summary, combined with the situation reflected in your letter, as the end user of pirated software, you must stop using and destroy the pirated software regardless of whether you know it subjectively or not. Otherwise, the copyright owner of the genuine software has the right to require you to bear corresponding infringement liability.
Does personal use of pirated software constitute a crime? What is the law and how should it be handled? Why don't the relevant departments deal with it? 50 points
my country's "Computer Software Protection Regulations" came into effect on January 1, 2001. Article 24 of the Regulations stipulates that "... whoever commits the following infringement acts without the permission of the software copyright owner shall, depending on the severity of the case, bear civil liabilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses; For pornography that simultaneously harms the interests of the public, the copyright administrative department shall order the infringement to cease, confiscate the illegal gains, confiscate and destroy the infringing copies, and may also impose a fine; if the circumstances are serious, the copyright administrative department may also confiscate the main Materials, tools, equipment, etc. used to produce infringing products are mainly used to make infringing copies; if they violate criminal law, they will be punished in accordance with the provisions of the Criminal Law on the crime of copyright infringement and the crime of selling infringing copies..."
This regulation means that any end user of the software, including any unit or individual, who uses pirated software without the permission of the software copyright owner is illegal and may be fined less than 100 yuan per piece or the value of the product. A fine of less than 5 times or even criminal liability may be imposed.
Is it illegal for employees to use pirated software? Is the company responsible?
This does not mean that if an individual needs to use such pirated software for work, it will constitute infringement. For example, pure learning software will constitute infringement. In addition, as mentioned just now, if the company uses it for profit, this means I don’t quite understand what kind of behavior it is, please explain it in detail, thank you
Agree with the point of view on the 2nd floor
If so
If so If it is necessary for work, that is just a tort and does not constitute a crime.
So if I and a few friends get together and use pirated software to make things for the company, what kind of behavior is this? Does it constitute a crime? What are the penalties if I get caught?
If the company only uses the software as a learning software and does not know whether it is pirated, can it be considered infringement? Because more people download it from the website, we cannot understand whether it is Pirated software, if it is used for personal study, will the company be held responsible? Does it constitute infringement? Please reply, thank you!
Using pirated software for personal study and research does not constitute infringement. If you use pirated software to make something for someone else, it constitutes copyright infringement.
The Company will not be held liable if it is not informed.
The Company will not be held liable if it is not informed.