On The Proof Effectiveness Of Remote Evidence Collection In Software Copyright Infringement Cases

In the Internet era of rapid development,the infringement cases of computer software copyright emerge new Conditions and problems in infringement way,subject of infringement liability,the way of infringement forensics,especially in the prove efficacity of remote forensics.There has been a serious "identical lawsuits with distinct judgment"phenomenon.The paper takes the prosecution cases of Rhino Software Inc as an example,using empirical analysis method,analyses 109 judgments since 2012.on the basis,the different ways of the court are sorted and analyzed,and the conclusions are drawn and the judicial and institutional suggestions are put forward.It includes the following five chapters.Chapter one proposes the problem.It briefly introduces the basic theory of infringement judgment in software copyright infringement cases,and the new problems and challenges that may be encountered in the Internet era,such as how to identify the proof efficacity of remote forensics.At the same time,a brief introduction to the computer software and protocol related to the remote forensics is given.The second chapter is the investigation and analysis of relevant cases in judicial practice.Through a detailed statistical analysis through 109 judgments since the 2012,we get the support proportion of Rhino Software Inc’s sue for compensation,the version of infringing software and the proportion of the first defendant’s defense website managed by a third party.All that provides data support for further theoretical and empirical analysis.At the same time,It summarizes different opinions of different district courts on the proof efficacity of remote forensics:the supporters hold that the results of remote forensics are valid and highly correlated,the deniers hold that the results of remote forensics are not deterministic and unique,some hold that the feedback information obtained from remote forensics is neither software code nor program documentation,so they do not approve the proof efficacity of remote forensics.The third chapter is the theoretical and empirical analysis of the proof efficacity of remote forensics.Mainly from three aspects:the ability of evidence,the burden of proof and the standard of proof,the distribution of the burden of proof.Through theoretical and empirical analysis,It detail elaborated the evidence ability of remote forensics information,proof standard of high probability and under the high probability the burden of proof has been transferred to the defendants,technical appraisal is not the only means of "substantial similarity",etc.It demonstrates why proof efficacity of remote forensic should be approved.The fourth chapter is about the judicial and institutional suggestions on the proof efficacity of remote forensics.It put forward the relevant judicial and institutional suggestions on the proof efficacity of remote forensics.It is suggested that the Supreme Court should guide the case to make the point.At he same time strengthen the relevant legislation work and establish a server registration management system.