A Study On The Ascertainment Of Copyright Infringement Of Computer Software

Computer softwares contain lots of creative mental labour,bring great social andeconomic effects．As the main technology of modem society,it is widely applied in manyfields ofour daily life．International communities protect computer software,s in copyI_ight lawusually．Our country has also established a complete copyright protection s~tern for computer soflwares．But computer softwares possess great economic value and are liable to be modified and reproduced,SO pi'racy is flooding．While computer soflwares are professional intechnology,involving many complex legal issues,it's difficult for the judge to make a rightjudge．It needs to strengthen the research of judgment standards for computer soRwares copyright infringements,in order tO better protect the interests of the mall who owns the software copyright,and promote computer。soflwares industry to develop orderly．This article mainly analysises a typical case．It introduces；the basis theories of copyright protection for computer softwares firstly,analysises the ideas and methods of computer soflwares copyright infringement under the case next,supplements two factors needed to pay attention tO during．the judicial practice lastly．This article iS divided into four sections．Thefirst section presents the case,introducing the litigant requests and reasons,the fact,the decision of court and the disputes based on,the focus problems'reflected from the case．The second section introduces the basis theories for computer soRwares protection i'n copyrightlaw．Including the definition and characteristics of computer soflwares,the conditions of computer softwares copyright infringement constituting,and the types of expression and behavior,then it makes a conclusion in accordance with established theories．The fhird sectionintroduces the ideas and methods of computer soflwares copyright infringement,which is ofthe key and most difficult．First,it introduces the principle'meaning and application of"substantive similar and contact"．Then,it tells the several methods for defining''substantive similar''and"contact"．Such as contrasting word by word,"all the concepts and sense''of confrontation,syllogism,features confrontation,"abstract—filter-contrast"three stages ofjudge．At last,it applies the methods to analysis and judge whether the game sofiwares in the case are"substantive similaf'and the defendant has contacted to the the game soflwares of the plaintiff．The fourth section supplements tWO factors needed to pay attention to during thejudicial practice,such as insisting to make a judge in accordance with the cases,conceming the expels'identify opinions．...