On Probative Force Of Evidence Collected By Computer Remote

In recent years,computer software copyright infringement disputes,in order to obtain evidence,obligee have had taken a variety of means.Among them,the use of the way of computer remote login evidence to become the main choice of many obligee,but the judges have different attitudes on the evidence,leading to chaos situation on such evidence identified in the practice.In this paper,American leiruo software company and Shenzhen langke technology limited company computer software copyright disputes in the case of the difficult problems The paper analyzes the various differences and opinions,and makes a concrete analysis on the identification of the probative force that the evidence collected by the computer remote login,and makes relevant suggestions.The first part,introducing the basic situation of the case and summarizes the focus of the dispute.After describing the basic situation about American leiruo software company and Shenzhen langke technology limited company computer software copyright disputes,summed up the main controversy in this case for the computer remote login to collect evidence whether there is sufficient probative force,whether as evidence of infringement.The second part,the legal analysis related to the focus of the case controversy.Exploring the related concepts of computer remote login,the evidence ability and the factors that affect the probative force of remote login evidence collection,including the degree of relevance,reliability and completeness.The third part,the analysis and conclusion of this case.On the basis of the theory introduced in the previous section,combined with the actual situation of the case in this case,through the analysis of the different judgment results of the first instance,second instance and retrial court,and makes conclusion that the evidence collected by the remote login is associated with a high degree,reliability,completeness,and sufficient probative force.The fourth part,the case of the revelation and recommendations.This section is mainly based on an analysis of fifty cases,put forward the proposition of probative force of evidence collected by computer remote.Under normal circumstances,the evidence collected in the case of computer software infringement using remote login should be accepted,but when the defendant provides reasonable proof of defense,it is necessary to follow the substantive similarity principle to compare the software before making a judgment.At the same time,it isalso proposed that the remote collection of evidence on the computer should be improved from the aspects of notarization of evidence and electronic data appraisal rules.