Analysis On The Scope Of Copyright Protection For Computer Software

With computer technology widely applied, the protection of computer software has become a hot topic of discussion, what kind of protection model should be adopted? Generally speaking, each protection of patent rights, copyright, trademark and Know-how has its own emphasis. At present, Mainstream is considering computer software as written works and putting it in the scope of copyrights protection, which is represented by Berne Convention and World Copyright Convention. One basic principle of copyrights, as we all know, is that protection is given only to the expression of the idea– not the idea itself. Compared with computer software with traditional copyright object, the biggest difference lies in its functionality and applicability. the purpose of computer software is to solve problems and realizes specified function. Then a problem occurred, that is to protect computer software without violation on copyright law principle. To clear up this question in practice is vital in distinguishing and determination the tort of computer software copyright.This article research on the scope of copyright protection for computer software, through the introduction of features of computer software, analysis on the dichotomy of idea and expression in copyright law, and discussion on typical cases about copyright infringement in computer software. This article consists of four parts.Part one is preface. This part gives a brief introduction of possible ways in which computer software can be protected, the problems resulting from adopting copyright to protect computer software, and the complexity in determining copyright infringement in computer software. All of this shows that it is necessary and vital to analyze the scope of copyright protection for computer software.Part two is the introduction of computer software and the dichotomy of idea and expression. Firstly, there is concept and features of computer software form the law view. And it explains why computer software has become one of subjects of copyright. Secondly, the article narrates the dichotomy of idea and expression, which is the most important principle in copyright law, and the difficulty in distinguish expression from idea. This part makes knowledge and theoretics preparation for the discussion below.Part three is about the way to distinguish expression form idea. This part consists of two sections. Section one concerns how to draw a line between idea and expression in literary works and computer software. Section two describes the virtue of merge and scenes a faire concerned with the distinction, and also introduces and explains specifically the three-step test (abstraction, filtration, comparison) for distinguish expression from idea in computer software.Part four is about the application of the three-step test. This part introduces the types of frequently happened copyright infringement in computer software. Then taking some specific cases as examples, it analyzes, using three-step test, copyright protection for some factors of computer software such as command menu, user interface and so on. This part also gives some analysis on the case refered in preface. At the end of this, it makes a summary on the issue of the scope of copyright protection for computer software.