问题 单项选择题

甲公司将其开发的商业软件著作权经约定合法转让给乙公司,随后甲公司自行对原软件进行改进,形成新版本后销售。那么,甲公司的行为()。

A.不构成侵权,因为对原软件改进后形成了新版本

B.不构成侵权,因为甲公司享有原软件的使用权

C.不构成侵权,因为对原软件增加了新的功能

D.构成侵权,因为甲公司不再享有原软件的使用权

答案

参考答案:D

解析:

我国《计算机软件保护条例》第十九条制定了关于软件著作权中的财产权利可以转让的规定。计算机软件著作财产权按照该条的规定发生转让后,必然引起著作权主体的变化,产生新的软件著作权归属关系。原软件著作权人将不再享有软件的使用权、使用许可权和获得报酬权,而软件权利的受让者依法成为该软件权利人,可以依照法律法规的规定行使或处分其享有的权利。

《计算机软件保护条例》第二十条规定:“转让软件著作权的,当事人应当订立书面合同”。计算机软件著作财产权按照该条的规定发生转让后,必然引起著作权主体的变化,产生新的软件著作权归属关系。软件权利的转让应当根据我国有关法规以签订、执行书面合同的方式进行。软件权利的受让者可以依法行使其享有的权利。如使用权,即在不损害社会公共利益的前提下,以复制、修改、发行、翻译和注释等方式合作软件的权利。

本案例中,由于甲公司已将其开发的商业软件经约定合法转让给乙公司,因此甲公司已失去该商业软件的使用权,其再对所转让的商业软件实施修改、发行等行为,则构成侵权。

阅读理解

阅读理解。

     People all over the world today are beginning to hear and learn more and more about the

problem of pollution. Pollution is caused either by man's release of completely new and often

artificial substances into the environment, or by releasing greatly increased amounts of a natural

substance , such as oil tankers into the sea.

     The whole industrial process which makes many of the goods and machines we need and

use in our daily lives, is bound to create a number of waste products which upset the

environmental balance, or the ecological balance as it is also known. Many of these waste

products can be prevented or disposed of sensibly, but clearly while more and more new

and complex goods are produce there will be new, dangerous wastes to be disposed of, for

example, the waste products from nuclear power stations. Many people, therefore, see

pollution as only part of a larger and more complex problem, that is, the whole process of

industrial production and consumption of goods. Others again see the problem mainly in

connection with agriculture, where new methods are helping farmers grow more and more

on their land to feed our ever-increasing populations. However, the land itself is gradually

becoming worn out as it is being used in some cases, too heavily, and artificial fertilizer cannot

restore the balance.

     Whatever its underlying reasons, there is no doubt that much of the pollution caused could

be controlled if only companies, individuals and governments would make more efforts. In the

home there is an obvious need to control litter and waste. Food comes wrapped up three or

four times in packages that all have to be disposed of; drinks are increasingly sold in bottles

or tins which cannot be reused. This not only causes a litter problem, but also is a great waste

of resources, in term of glass, metals and paper. Advertising has helped this process by

persuading many of us not only to buy things we neither want nor need, but also to throw away

much of what we do buy. Pollution and waste combine to be a problem everyone can help to

solve by cutting out unnecessary buying ,excess consumption and careless disposal of the

products we use in our daily lives.

1. The underlined phrase "disposed of "in the second paragraph means_______.

A. dealt with

B. exposed

C. disapproved of

D. collected

2. In the writer's view ,the more new goods, _______.

A. the less pollution

B. the harder pollution can be prevented

C. the more pollution there will be

D. the more easily pollution can be controlled

3. What can we learn from the last paragraph?

A. We can do much to reduce pollution.

B. The government is trying hard to stop pollution.

C. Individuals know how to get rid of the habit of littering everywhere.

D. We can't stop buying unnecessary things.

4. People can help solve the problem of pollution by _______.

A. urging their governments to control litter and waste

B. making anti-pollution advertisements

C. cutting down the use of oil and other oil products

D. reducing unnecessary buying, over-consumption and careless disposal of wastes

单项选择题