In China, the concept of “functional use of software” is closely linked to the clarity and certainty of copyright protection for copyrighted software. The term “functional use” of software does not appear in the Copyright Law, but the word “use” itself appears frequently in the law, often in the context of the “use of works”. As software is covered by the subject matter of the Copyright Law, there was no doubt at its promulgation that the “use” of copyrighted software requires a user to obtain authorization from copyright owners; otherwise it would be an infringement. However, the meaning of “use” in referring to the use of copyrighted software can become somewhat complicated. The “use” of copyrighted software can be distinct from the use of a traditional type of works (e.g., a book or a film). The infringing “use” of works has always invoked one of the exclusive rights under the Copyright Law. By contrast, the use of software