The Problem Of Evidences In The Computer Software Copyright Tort Actions

The issue of software piracy is one of the enormous challenges faced by the whole software industry. The protection and enforcement of the computer software copyrights will be contributed to the promotion of technological innovation and to the transfer and dissemination of technology. In the year of 2008, the State Council of the People 's Republic of China issued the 'outline of the National Intellectual Property Strategy'. It desired that 'intensify the punishment against piracy and enhance the awareness of the market entities '. The object provided the powerful and definite policy background for the judicial protection for Chinese computer software copyrights. However, the evidences in the computer software tort actions have such special prescriptions as diversity, technicality, frangibility and crypticity. They made it more difficulty to hear the cases. This paper, with many judicial cases and practice, analyzed and solved the problems of evidence obtaining, examination and entanglement in the professional technology problems and legal problems. Except to the foreword and the conclusion, the article can be divided into four chapters.Chapter One: the summary of the present situation of the software piracy and the judicial protection. This chapter introduced the theoretical classification of Chinese computer software piracy, such as the pirate of the CD, the pirate of hardware and the pirate of Internet, and the special prescriptions of the evidences.Chapter Two: the burden of proof and evidence obtaining in the computer software copyright tort actions. On the process of supporting, the paper mainly required the parties to provide evidences in regard to copyrights, compensations and infringements individually. On the process of collecting, it discussed the preservation of civil evidences and the new style of electric evidence forensics technologies, to settle the problem of evidence obtaining.Chapter Three: the examination of 'Dormant Notarization Evidence Collection'. On the process of interrogating, it analyzed the legality and authenticity of Dormant Notarization Evidence Collection', by copying the examination of the Criminal Enticing Investigation, to reveal its evidence effect and demonstrability. Chapter Four: the authentication in the computer software copyright tort actions. On the process of accepting, the priority discussed the theory of the computer software technical appraisal, distinguished the professional technology problems from the legal problems, restricted the starting of repetitive identification, constructed the 'appraisal-expert' system, to assistant the judges to understand the professional technology problems in the suit and perfect the certification of the appraisal conclusions.