Research On The Application Of "Substantial Similarity + Contact" Rule In The Determination Of Computer Software Infringement

Although the judgment rule of "substantial similarity + contact" is not clearly stipulated in the copyright law of China,it has been widely used in judicial practice and gradually become the judgment standard of copyright infringement of works.Compared with traditional works,computer software itself has the dual attributes of literal works and practical tools,and the fundamental value of software works lies in its intrinsic functionality.This also makes in the computer software infringement judgment process,will involve more technical issues and more complex legal issues.Therefore,how to apply this rule to the judgment of computer software copyright infringement accurately is of more theoretical and practical significance.As for the application of this rule in the field of computer software infringement judgment,this paper first deconstructs its different judgment stages,and explains the basic theories of the "substantial similarity" judgment stage and the "contact" judgment stage respectively.For the "substantial similarity" determination stage,which is of substantial significance for the establishment of the rule,the paper also makes a concrete analysis from three aspects: the distinction between software ideas and expressions,the scope of software comparison,and the method of software comparison.At the same time,based on the consideration of the balance of the burden of proof,the elements of excluding reasonable interpretation are brought into the "contact" stage for interpretation.Secondly,through the analysis of the cases of Computer Software Infringement in China,the application status of "substantial similarity + contact" rule in the judgment of computer software infringement is clarified.Then,the problems in the application of the rule are divided into four parts,that is,the scope of comparison is not clear,the method of comparison is not uniform,the distribution of the burden of proof is not reasonable,and the factors considered are not comprehensive.And in each part,through the relevant software infringement cases applicable to the rules of the existing problems are summarized and summarized,and then achieve the specific analysis of the problems in each part.In addition,it also analyzes three typical cases related to the judgment of Software Infringement in the judicial practice of the United States,and the way the United States courts handle the cases can also be used for reference and discussion by Chinese judicial organs in the process of improving the judgment rules of computer software infringement.Finally,combined with the above theoretical analysis of the "substantial similarity + contact" rule and the analysis of relevant cases,in view of the problems existing in the application of the rule in the field of computer software infringement judgment,the following suggestions are put forward: clearly defining the scope of comparison,adopting a variety of methods for comprehensive identification,reasonably distributing the burden of proof,balancing the interests of the obligee and the public.Through the discussion of these aspects,this paper hopes to provide a standardized process for the accurate application of "substantial similarity + contact" rule in the field of Software Infringement dete rmination,and then provide a clear path for the infringement determination of computer software copyright.