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Case Studies On Distinguishing And Determination The Tort Of Computer Software Copyright

Posted on:2012-08-08Degree:MasterType:Thesis
Country:ChinaCandidate:T FuFull Text:PDF
GTID:2166330338999759Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the phenomenon of computer software copyright violations has being more and more serious, thus, the research on infringement of computer software copyright has importantly practical significance. In this paper, based on general tort theory, and drawing on the field of copyright and other intellectual property, so that explore the identification of computer software copyright infringement, technical appraisal and other issues.In order to study these issues better, we must first define the scope of software copyright protection. So this paper firstly describes the scope and the definition of software copyright protection , then in TaiAn City Architectural Design case ,the paper make the analysis of creative expression dichotomy application for defining the scope of protection of software copyright. Next, through the Hong Hui Network case raises a "substantial similarity plus contact" infringement principles, points out the basic methods of identified substantial similarity, and put forward own humble opinion combined with the case. last, analyze the case that last six years before closing (Zeng xiaoJian,Zeng Rong Gui case)which reveals the technical appraisal of the choice of accreditation bodies to identify ,the object of identification, content selection and the review of identification Conclusion and other a series of legal problems.In the final case summary, the author proposes three points. firstly, in the judicial practice , after use " substantial similarity " principle, you can not only identify directly speculate whether there is contact according to development time of software but should strengthen the evidence by the plaintiff .Secondly, in the process of software technical appraisal, distinguish the functions of judges and the accreditation bodies. Thirdly, personnel selection is not open in the technical appraisal, which mapping out the corresponding legal requirements is imperfect, so we hope that the corresponding provisions will be made in this area, in order to improve the identification of the judicial process, to better meet the needs of the community.
Keywords/Search Tags:computer software, infringement, technical appraisal
PDF Full Text Request
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