An Empirical Study On The Identification Of Computer Software Copyright Infringement

With the development of computer science and technology,computer software technology develops at an explosive speed and runs through all levels of society.With the rapid development of software technology,its economic value is also rising,leading to a variety of violations.In the field of computer software,software copyright infringement is one of the most important problems.With more and more diverse forms of software development,more and more novel technology,the combination of software and hardware is becoming more and more mature,which leads to the difficulty of identifying software characteristics.On the one hand,the software has the characteristics of complexity and concealment,so it is difficult for the judge to directly compare the software involved in the case to determine whether there is infringement.On the other hand,due to the diversity of types of software,there is no clear judgment standard that can be widely applied to all types of Software Infringement software.Therefore,when hearing a case,the judge should "analyze the specific problems in detail".On the basis of being familiar with the theory,and combined with practical experience,he should analyze the advantages and disadvantages of various identification standards,and comprehensively identify all aspects of the case,so as to achieve the fairness and justice of the judgment to the greatest extent.As early as 1978,the World Intellectual Property Organization drafted the Model Provisions on the protection of the computer software,which stipulates that the protection period of computers is 20 years and 25 years;In 1994,the member countries of WTO signed trips agreement,which also stipulated the protection of computer software,and determined to protect computer software by copyright rather than patent.China issued the first copyright law in 1990,and the regulations on the protection of computer software didn't come out until 2001.In terms of the field of computer software,both the technical level and the legislative level are slightly behind those of developed countries.Therefore,we should refer to the laws of developed countries on the protection of computer software copyright,It is helpful to provide reference for the possible infringement in the field of computer software in China.The regulations on the protection of computer software was amended in 2013,and it has been eight years since then.The development of software in these eight years has far exceeded the infringement situation that can be considered in the amendment of the regulations on the protection of computer software eight years ago.Although the copyright law was revised in 2020 and implemented in 2021,due to the lag of the law,the current law can never cover all possible infringement cases.Therefore,this paper mainly analyzes and thinks about the current law and the representative disputes about computer software copyright cases in recent years,In this way,we can presuppose an overall way to judge the possible infringement of software.Although China is not a case law country,judges tend to refer to the existing judicial cases in the face of cases or difficult cases they are not familiar with.