Compensation for software copyright infringement
It is based on the profits gained by the infringer from the infringement. loss to the right holder. In practice, this calculation method is rarely used. The main reason is that it is difficult to obtain evidence of the infringer's sales, and it is difficult to determine the infringer's true acquisition status. Secondly, computer software is a knowledge-intensive industry with high development costs and investment, but it is relatively easy to copy. Once a piece of unused software is sold, it is impossible to control the scope of its further reproduction. It is obviously not objective to only regard the seized illegal profits as the loss of the right holder.
The indirect losses caused by software infringement are mainly the loss of profits gained by the right holder from exercising the copyright of the software work. These losses include the right holder's loss of market share and weakening of market competitiveness, as well as loss of business reputation. In addition, reasonable costs for stopping the infringement should also be included in the calculation.
In many cases, online infringers have caused the consequences of infringement. The actual losses caused to the rights holders and the infringers' profits from infringement are due to various reasons. Not easy to find out. It is also a very complicated and huge project for the parties to provide evidence and for the people's court to find out the relevant facts. If you encounter problems in this area and need legal help, please consult relevant professional lawyers. The Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.
