"Copyright law of sixteenth" in violation of "everyone is equal before the law" the constitutional norms

The latest version of "right law" of the people's Republic of China copyright violation of the sixteenth article of "everyone is equal before the law" the constitutional rule, which belongs to the "unconstitutional", this analysis is as follows.

First of all, I refer to the new "law" of the people's Republic of China Copyright sixteenth as follows:

The latest version of "right law" of the people's Republic of China (hereinafter referred to as the "copyright sixteenth copyright law of sixteenth"): "creative citizens to complete the tasks of legal persons or other organizations work is work duties, except for the second paragraph of this article by the author, the copyright enjoyed, but a legal person or any other organization have the priority to use in its business scope. After the completion of the work within two years, without consent of the unit, the author may not permit third people use the works in the same way and units use.

Work position in any of the following circumstances, the author shall enjoy the right of authorship, the copyright of the other rights enjoyed by the legal person or other organization, the legal person or other organization may reward the author:
(a) is the use of a legal person or any other organization's material and technical conditions of creation, and the legal person or other organization responsible for engineering design, product design, map, computer software, office work;
(two) work posts or copyright contract by legal persons or other organizations have the provisions of laws, administrative rules and regulations."

Secondly, I prove that the "copyright law of sixteenth" in violation of "everyone is equal before the law" constitutional standards are as follows:

"Copyright law article sixteenth" citizens will be according to the work of post its creation is divided into two categories, namely, post works belongs to the "copyright law" sixteenth paragraph second of citizens outside (hereinafter referred to as the "first class citizen"), and post works belongs to the "copyright law" sixteenth paragraph second citizens (hereinafter referred to as the "second class citizen").

For the first class citizens, "copyright law article sixteenth" rules they enjoy all the copyright (only comes with time constraints); and for the second class citizens, "copyright law article sixteenth" they shall enjoy the right of authorship.

In this way, due to the different properties in the job, and made two class citizens "right law" in front of the people's Republic of China Copyright inequality. In violation of the "people's Republic of China Constitution" article thirty-third, paragraph second: "citizens of the people's Republic of China are equal before the law." Basic principle.

According to "people's Republic of China Constitution" article fifth, paragraph third "all laws, administrative regulations and local regulations may contravene the constitution." , I request the relevant departments of the "copyright law of sixteenth" correction.

Point of view In ""Copyright law of sixteenth" in violation of "everyone is equal before the law" constitution criterion"Published: 2006-08-25 09:33:23

I don't really understand the law, but the 2 questions:
2 classes of citizens like you my Ba?
"Copyright law" seemed only by job works from different factors were distinguished?

Answer: first of all thank you for your attention to intellectual property rights. Below is my reply:

On the first point,Is not I will citizens according to the attribute of duties the citizen is divided into two categories, is myRevealTheCopyright law sixteenth InstituteThe implication ofThis classification of unfair.According to the copyright law article sixteenth, if you are in a legal person or any other organization on a computer to write papers or making a movie clip, then all the books you have legal right of the work, but if you develop a software on the same computer, then you only have the right of authorship, other rights (for example publish, modify, use, etc.) to the legal person or other organization.

On the second point, in my opinion, the first generating element of any intellectual works is to create works of people, followed by the material and technical conditions. In this way can we truly achieve people-oriented, rather than for the.

[anonymous] etow

2006-09-02 03:43:34

If you have your own work why computer or device to another device? This only shows that these material conditions are necessary for you, such as software development: the provision of equipment and technical support

In reply: I found this unfair, I've already bought my computer.

The final success. The authors shall enjoy the right of authorship and a small amount of interest, that's fair. But not all of the works (Note: you put the text works for narrowing the scope of intellectual works, the first element) produced first

Reply: intellectual property about work refers to intellectual works. You can look up.

Just don't know what is your standard? Why can understand so?

Reply: the constitution is my standard.

According to your logic any and related things first elements could be understood as people. Including war \ \ Internet farming......

Answer: you are. I says: have infringe the copyright law and the constitution.

My opinion: work = + material conditions. If the two of you have, congratulations you, you have the right of authorship and the interests of all

Reply: This is your personal definition. I'll tell you what: if you write an academic article in scientific research units of a computer, in fact you have all the intellectual property rights. Because the theoretical article published that everyone can read it, you can go to the library to copy, also allow received personal essays in money. However, if you are inThe sameComputer: a scientific software, then according to the current copyright law, you can't sell this software. I ask you, for example, in the above two kinds of circumstances that scientific research units to send you the same wage, you are willing to engage in theoretical research, or are willing to engage in software development?

Or: the work = + material conditions. material conditions is others, but first of all to ensure that your signature right and then everybody shared interests,. Two cases where people are respected. if it does not, the law should be changed, it is only fair?

Answer: the right of authorship is the most basic, the later software development also signed, units have signed. Personal signature and in order to allow developers to assume responsibility. The key is publication right of economic rights and interests. I certainly agree with work related economic interests and shared developers, or in the case of both sides are willing to, one can buy half of the rights and interests of the other party. Now the economic rights of copyright law will be allocated to all of the legal person or other organization.

Add a point: the company that is both the result of selection, not willing to go.My main concern here is in graduate school by some people as cheap labor abuse, some of them have the intellectual property without legal protection! These people to take the student as the profit-making tool. The national personnel training is very disadvantageous tip. Personal gains and losses is small!

Finally, thank you for your interest in intellectual property!