Case Study Of Evidence Preservation In Computer Software Copyright Infringement

In the computer software copyright infringement case, evidence preservation is particularly important because the invisibility, technicality, vulnerability and instability of evidence make it hard to be required and easy to lose. On the one hand , Obligee is often constrained by limited means and capability of collection and requires the court to help itself to collect relevant evidence . On the other hand , Obligee is easy to transfer the burden of proof to the court through the evidence preservation and further influences judicial fairness . Therefore , how to construct a reasonable evidence preservation system is a problem we must face.This paper begins with three typical cases, then give depth analyze of the problem of evidence preservation in Computer Software Copyright Infringement. In the case of four software corporation's evidence preservation, we mainly discuss the application for evidence preservation conditions and evidence preservation effect. In the case of the Beijing ford science &technology limited company vs the tektronix technology development limited company (Beijing), we mainly discuss how to grasp the censorship standard of "the evidence can be lost or difficult to obtain later", the evidence preservation of guarantee and the evidence preservation range. In the case of (USA) Siemens product lifecycle management software limited company vs fuyao group (Shanghai) auto glass limited company,we mainly discuss the evidence preservation of technical support, the court internal function division and the preservation measures which the court should take .Finally, this paper summarizes the three case and also provides some suggestions about building the basic procedure of evidence preservation of correlated type case, in order to give reference to judicial practice of computer software infringement case in China.