It is illegal to use pirated software. The infringed party may demand civil liability such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses; if it harms the interests of the public at the same time, the copyright administrative department shall order Stop infringement, confiscate illegal gains, confiscate and destroy infringing copies, and may impose a fine; if the circumstances are serious and violate criminal law, criminal liability shall be investigated in accordance with the provisions of the Criminal Law on the crime of copyright infringement and the crime of selling infringing copies.
With reference to Article 118 of the "General Principles of the People's Republic of China and Civil Law", the copyright (copyright), patent rights, trademark rights, discovery rights, invention rights and other rights of citizens and legal persons If the right to scientific and technological achievements is infringed upon by plagiarism, tampering, counterfeiting, etc., the right to request an end to the infringement, elimination of the impact, and compensation for losses.
With reference to Article 21 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases", if a computer software user commercially uses computer software without permission or exceeds the scope of permission, he shall be prosecuted in accordance with the Copyright Law. Article 47, Item (1), and Article 24, Item (1) of the "Computer Software Protection Regulations" shall bear civil liability.
With reference to Article 47, Paragraph 1, of the Copyright Law of the People's Republic of China, those who commit the following infringements shall, according to the circumstances, be responsible for stopping the infringement, eliminating the impact, making an apology, and compensating for losses. Civil liability: Publishing works without the permission of the copyright owner.
With reference to Article 24 of the "Computer Software Protection Regulations", unless otherwise provided in the "Copyright Law of the People's Republic of China", these Regulations or other laws and administrative regulations, no software copyright shall be Anyone who commits any of the following infringements with the permission of the authorized person shall, according to the circumstances, bear civil responsibilities such as stopping the infringement, eliminating the impact, making an apology, and compensating for losses;
If it harms the interests of the public at the same time, it shall be subject to copyright administrative management The department orders the infringement to cease, confiscates illegal gains, confiscates and destroys infringing copies, and may impose a fine; in serious cases, the copyright administrative department may also confiscate materials, tools, equipment, etc. mainly used to make infringing copies; in violation of criminal law In accordance with the provisions of the Criminal Law on the crime of copyright infringement and the crime of selling infringing copies, criminal liability shall be investigated in accordance with the law:
(1) Copying or partially copying the copyright owner's software;
( 2) Issuing, leasing, or disseminating the copyright owner's software to the public through information networks;
(3) Deliberately avoiding or destroying the technical measures taken by the copyright owner to protect its software copyright;
(4) Deliberately deleting or changing the electronic information of software rights management;
(5) Transferring or allowing others to exercise the copyright owner’s software copyright.
Anyone who commits the acts in Item (1) or (2) of the preceding paragraph may also be fined 100 yuan per item or less than 5 times the value of the goods; Those who commit the acts in Item (4) or (5) may also be fined not more than 50,000 yuan.
Extended information
With reference to Article 134 of the "General Principles of the People's Republic of China and Civil Law", the main ways to bear civil liability are:
(1) Stop the infringement;
(2) Remove obstacles;
(3) Eliminate danger;
(4) Return property;
(5) Restoration to original condition;
(6) Repair, redo, and replacement;
(7) Compensation for losses;
(8) Payment Liquidated damages;
(9) Eliminate the impact and restore reputation;
(10) Apologize.
The above methods of bearing civil liability can be applied individually or in combination. When hearing civil cases, in addition to applying the above provisions, the People's Court may also admonish, order repentance, confiscate property and illegal gains from illegal activities, and may impose fines and detention in accordance with legal provisions.
With reference to Article 49 of the "Copyright Law of the People's Republic of China", if a copyright or copyright-related rights are infringed, the infringer shall compensate the right holder according to the actual loss; the actual loss is difficult to compensate for If calculated, compensation may be given based on the infringer's illegal income. The amount of compensation should also include the reasonable expenses paid by the right owner to stop the infringement.
If the actual losses of the right holder or the illegal gains of the infringer cannot be determined, the People's Court shall, based on the circumstances of the infringement, award a compensation of less than 500,000 yuan.
With reference to Article 51 of the Copyright Law of the People's Republic of China, in order to prevent infringement, when the evidence may be lost or difficult to obtain in the future, the copyright owner or copyright-related rights shall A person may apply to the People's Court for evidence preservation before filing a lawsuit. After the People's Court accepts the application, it must make a ruling within 48 hours; if it decides to take preservation measures, its implementation shall begin immediately.
The People's Court may order the applicant to provide a guarantee. If the applicant fails to provide a guarantee, the application shall be rejected. If the applicant does not file a lawsuit within fifteen days after the People's Court takes preservation measures, the People's Court shall terminate the preservation measures.
National Audit Office of the People's Republic of China and the State Council - General Principles of the Civil Law of the People's Republic of China and the People's Republic of China
Copyright Administration of the People's Republic of China and the State Council - Copyright Administration of the People's Republic of China and the State Council Copyright Law
National Copyright Administration of the People's Republic of China - Computer Software Protection Regulations