Computer Software Copyright Infringement Judge

Today, the increasing popularity of computer society, the computer has been widely used in every field, however, the phenomenon of infringement of computer software, and is becoming more and more serious. Therefore, in order to protect the legitimate rights and interests of people in the aspect of computer software, this article emphasizes to discuss related issues for protection of computer software copyright law, because the computer is a new high-tech industry, so the determination and protection of its copyright law is relatively complex and there are a lot of views, in this paper, the author try to combine some view the authority for academia and combined with some of his own personal opinions, how to make more convenient fast and accurate in terms of computer software to make a legal decision, puts forward some principles and methods, operational stronger to court for this type of case to be able to help.This article mainly discussed and analyzed from the following several aspects:First:introduce the basic case, the focus of controversy and combined with the case about why the current computer software copyright law is used to as one way to protect is the necessity and feasibility of software used shall be protected by the law.Step 2:introduction to the computer software copyright law protection of historical development and the background of current computer software development, and combining with the development of the relevant case law of the United States and China’s relevant laws.Step 3:in this paper are discussed the key, namely how to use a convenient and accurate method to determine whether the defendant constitutes the computer software copyright infringement, detailed talk about the specific protection of computer software method, divided into the two-step, one is the major premise method, which USES the principle of dichotomy first determines the software be infringement parts is not protected by copyright law, if belong to the scope of protected by copyright law, then by the method of the second step of the minor premise, namely by similarity add contact principle and so on methods to determine whether further constitute the infringement of computer software.