Hello everyone,
There are 2 laws in China:
1, The Copyright Law of the People's Republic of China, please refer to:
http://www.china.com.cn/policy/txt/2010-02/27/content_19484098.htm2, Computer Software Protection Ordinance, please refer to:
http://www.gov.cn/zwgk/2013-02/08/content_2330130.htmIn the 1st law (the Copyright Law of the People's Republic of China),
Chapter V Legal Liability and Enforcement Measures
Article 47 If there are any following infringements, they shall bear civil liabilities such as stopping the infringement, eliminating the influence, apologizing, and compensating for losses according to the circumstances:
(1) publishing his work without the permission of the copyright owner;
(2) publishing the works created in cooperation with others as works of their own creation without the permission of the cooperating author;
(3) failing to participate in the creation, signing for the fame and fortune of others, and signing on the work of others;
(4) distort or tamper with the works of others;
(5) plagiarizing the works of others;
(6) using the works by means of exhibitions, filming, and film-like methods without the permission of the copyright owner,
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or using the works by adaptation, translation, annotation, etc., except as otherwise provided in this Law;
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Usually, we can say VFP Advanced is translated from VFP 9.0, and I have not got the translation rights from Microsoft,
so there are some problems.
(7) The use of the work of another person shall be paid without payment;
(8) This Law provides otherwise for the rental of works or audio and video products without the permission of film works and works created by film-like methods, computer software, copyrights of audio and video products or copyright holders. Except
(9) using the layout design of the books and periodicals published by the publisher without the permission of the publisher;
(10) Live broadcast or public transmission of their live performances or recording of their performances without the permission of the performer;
(11) Other acts of infringement of copyright and rights related to copyright.
Article 48 If any of the following infringing acts are committed, the civil liability for stopping the infringement, eliminating the influence, apologizing, and compensating for the loss shall be undertaken according to the circumstances; and if the public interest is harmed at the same time, the copyright administrative department may order it to stop the infringement and confiscate the illegal act. If the proceeds are serious, the copyright administrative department may also confiscate the materials, tools, equipment, etc., which are mainly used to make infringing copies; if the crime is constituted, criminal responsibility shall be investigated according to law:
(1) copying, distributing, performing, screening, broadcasting, compiling, or distributing its works to the public through the information network without the permission of the copyright owner, except as otherwise provided in this Law;
(2) publishing books that others enjoy proprietary copyrights;
(3) copying or distributing audio and video recordings of their performances without the permission of the performers, or disseminating their performances to the public through the information network, except as otherwise provided in this Law;
(4) copying, distributing, or distributing the audio and video products produced by the public to the public without the permission of the producer of the audio and video recording, except as otherwise provided in this Law;
(5) broadcasting or reproducing radio or television without permission, except as otherwise provided in this Law;
(6) Without the permission of the copyright owner or the right holder of the copyright, deliberately avoiding or destroying the technical measures taken by the right holder to protect copyrights or rights related to copyright for his works, audio and video products, etc., laws and administrative regulations Except as provided;
(7) Deliberately deleting or changing the right to manage electronic information of works, audio and video products, etc. without the permission of the copyright owner or the right holder of the copyright, except as otherwise provided by laws and administrative regulations;
(8) Producing or selling works that are counterfeited by others.
Article 49 Infringement of copyright or rights related to copyright shall be compensated by the infringer in accordance with the actual loss of the right holder;
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For the VFP Advanced project, does Microsoft lost any money? I think it is equal to $0,
so I needn't to pay money to Microsoft.
if the actual loss is difficult to calculate, compensation may be awarded according to the illegal gains of the infringer. The amount of compensation should also include reasonable expenses paid by the right holder to stop the infringement.
Where the actual loss of the right holder or the illegal gain of the infringer cannot be determined, the people's court shall award a compensation of less than RMB 500,000 according to the circumstances of the infringement.
In the 2nd law (Computer Software Protection Ordinance),
Article 16 The legal copy of the software owner has the following rights:
(1) loading the software into a device with information processing capability such as a computer according to the needs of use;
(2) Make a backup copy in order to prevent the copy from being damaged. These backup copies shall not be made available to others by any means and shall be responsible for destroying the backup copies when the owner loses ownership of the legal copies;
(3) In order to use the software for the actual computer application environment or to improve its functions and performance, make necessary modifications;
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however, unless otherwise agreed in the contract, no modification may be provided to any third party without the permission of the software copyright owner. After the software.
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GOOD NEWS!
The law give the users the modifications rights,
For the VFP Advanced project,
in fact, Microsoft have given up VFP about 10+ years,
if there are some bugs (e.g. some problems in windows 10), they will not modify the software,
so for the users, we can modify the software, or get some fix tools from other people,
I think there is no problem.
Chapter IV Legal Liability
Article 23 Unless otherwise stipulated in the "Copyright Law of the People's Republic of China" or these Regulations, if there are the following acts of infringement, they shall bear civil liabilities such as stopping the infringement, eliminating the influence, apologizing, and compensating for losses according to the circumstances:
(1) publishing or registering its software without the permission of the software copyright owner;
(2) publishing or registering other people's software as their own software;
(3) Publishing or registering software developed in cooperation with others as software that has been independently completed without the permission of the collaborator;
(4) signing or changing the signature on the software of another person;
(5) Modifying or translating its software without the permission of the software copyright owner;
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It is similar to (6) in the 1st law (the Copyright Law of the People's Republic of China),
I have not got the translation rights from Microsoft,
so there are some problems.
(6) Other acts that infringe the copyright of software.
Article 24 Unless otherwise stipulated in the "Copyright Law of the People's Republic of China", these Regulations or other laws and administrative regulations, if there is any of the following infringements without the permission of the software copyright owner, it shall undertake to stop the infringement and eliminate the influence according to the circumstances. If the civil public interest is harmed at the same time, the copyright administrative department shall order it to stop the infringement, confiscate the illegal income, confiscate or destroy the infringing copy, and may impose a fine concurrently; if the circumstances are serious, the copyright administration The department may also confiscate materials, tools, equipment, etc., which are mainly used to produce infringing copies; if criminal offences are violated, criminal responsibility shall be investigated according to the provisions of the Criminal Law on the crime of copyright infringement and the sale of infringing copies:
(1) copying or partially reproducing the copyright owner's software;
(2) distributing, renting, and distributing the software of the copyright owner to the public through the information network;
(3) deliberately avoiding or destroying the technical measures taken by the copyright owner to protect the copyright of the software;
(4) Deliberately deleting or changing the electronic information of software rights management;
(5) Transferring or permitting another person to exercise the copyright of the software of the copyright owner.
If there is the first or second act of the preceding paragraph, it may be imposed concurrently with a fine of 100 yuan per piece or a value of 1 to 5 times the value of the goods; if there is a third, fourth or fifth act of the preceding paragraph, Can be imposed a fine of less than 200,000 yuan.
If I translate some softwares, for example, Visual studio? Microsoft Office? (in fact I have no the rights and abilities to do it)
I think there are some BIG problems.
But now I only translate VFP, and Microsoft have given up VFP, and they will not fix the bugs in VFP,
so I think there is only a little problem.
There is VFP, or there is no VFP,
is there a new VFP fix package?
I think Microsoft does not care about it.
Best regards
Chen
2018.10.30
