On Computer Software Protection Based On The Analysis Of Entrapped Evidence

Infringement of computer software problem has been the concern of jurisprudence, law scholars from different angles demonstrated the protection of computer software, such as the dimensions of copyright and patent protection, etc. However, in judicial practices, the legitimate rights and interests of the software can not be effectively protected, In the real computer software infringement case,the main form of forensic evidence,shall be entrapped evidences, of course, about the legitimacy of this approach there is a big controversy. In this paper, evidence from the perspective of the computer software infringement cases will be analyzed.This paper is divided into four parts:The first part,mainly introduce the characteristics of computer software, according to its unique features,analyse the reason why software violations rampant. Infringement of computer software comes with the status quo in the judicial practice, adducing evidence is the main reason for difficulties in inadequate protection of computer software.Second part, through the introduction of the criminal proceedings evidence and comparison with the temptation evidence, lead to the concept of evidence in civil procedure. Highlight the case__high-technique company Founder v. computer software infringement case occurring in September 2001,based on the first trial, second trial and the retrial decision,there is a big difference, analyse the trial court adopting the entrapped evidence is reasonable in-depth.The third part,from the legal level, analyse the admissibility of entrapped evidence in computer software infringement cases, conmparing the division between civil law and common law about the standards of illegal evidence exclusion rules, combining with the current judicial practice of China's judiciary,conclude the issue standards in china.The fourth part, from a system level analyse the pitfalls of China's Civil Procedure Law of the problems. And in the existing legislative system, figure out several clear suggestions to protecting computer software based on the entrapped evidence from the angle of Proof,Forensics and certification.