Case Research On Damages Of Copyright Computer Software

Now the infringement of computer software copyright is rather serious. As damages is the most direct and efficient relief to the copyright owner, it's of practical significance to research on this issue. This dissertation focuses on the cases of damages in computer software copyright in order to study relevant academic and practical issues, which including preconditions, choices and determination of the amount .This dissertation includes four parts. The first part presents the definition of computer software infringement and the nature of damages. It is pointed out that subjective fault will never be considered when to determine infringement. Subjective fault is the crucial factor of damages.The second part analyzes the legislative profile of damages in China and indicates that legislative confusion, legal fees, and detail conditions of applications are the defects. This part also approaches the application of damages based on the case of Shipu Software Co,. Ltd. v. Didakongjian Information Co,. Ltd.The third part further discusses the two important factors when using the three methods to calculate damages of infringement of computer software copyright, which are choice of method and burden of proof.The last part confirms the three methods and disserts on the preconditions and calculations in detail combined with court decisions.