tomato garden event
[Roy network] tomato garden version of Windows XP author Hong Lei detained Review News, in the IT industry, the software industry and the Internet and other fields triggered a great uproar. For the "tomato garden" incident, Sina website conducted a special investigation, lightning strikes, a total of more than one million people to participate. The survey showed that 78.98% of respondents supported the tomato garden, and only 5% of respondents supported Microsoft originals. The findings reflect, to some extent, the general public’s views on the tomato garden event. The majority of users of the "tomato garden" reaction and attitude and the "law" is a great contrast between. This, of course, has a lot to do with the weakness of our public awareness of intellectual property protection, but it is not the only reason.
according to the provisions of China’s copyright law and regulations on the protection of computer software, the author of the tomato garden version of XP Microsoft XP appearance beautification and some features off or unloaded for Microsoft’s XP software revision, violated the right to modify Microsoft; Microsoft XP cancel the genuine validation procedures, violated the rights of technical protection measures of Microsoft provide a modified version of the XP download; through the website, violated the right to network dissemination of information of Microsoft. Therefore, the behavior of the author of tomato garden edition XP has violated the regulations of copyright law and computer software protection regulations of our country, and constitutes infringement of copyright, and should bear the corresponding civil liability for stopping infringement and compensation for loss. This is the "tomato garden" in the event of "italy". However, the majority of Internet users on the "tomato garden incident" reaction and attitude has formed a great contrast with this. This, of course, has a lot to do with the weakness of our public awareness of intellectual property protection, but it is not the only reason. Should not be denied that the users of Microsoft has formed a "conflict" emotional attitude, the root cause is the abuse of Microsoft products on the price, in fact the possible monopoly and intellectual property rights, as well as its consistent with the "fangshuiyangyu, fish net. The "public opinion" in this "conflict" mood must be distorted and exaggerated.
system of intellectual property rights should not be "a" and "protection" system, but "protection" and "anti abuse" and "a hundred flowers contend in beauty" system. I wish to clear the "illegal" tomato garden "will become a" intellectual property garden a hundred flowers contend in beauty". Intellectual property research center of China University of Political Science and Law researcher Zhang Fan said the tomato garden version of the XP event provides a sample, let people see, each role in the industrial chain of piracy and their responsibility to their respective. Zhang Fan believes that although Hong Lei may not benefit from selling pirated XP directly, it will still be "for-profit" if it indirectly gains revenue by inserting ads into pirated discs". What’s more, the so-called optimized package advertising revenue is still based on a certain amount of piracy, copying and distribution. Zhang Fan stressed that the distinction between hung Lei pirated XP system proceeds from optimizing the package ad, or selling pirated XP income, there is no need. On 2004, the Supreme People’s court and the Supreme People’s Procuratorate promulgated