How to determine the place where the result of computer software infringement occurs
Register the address through the software or register the information and IP filed on the network wait.
How to define software infringement in law
1. Determine software infringement, The direct and effective judgment standard is: substantial similarity plus contact.
In practice, two software works are determined to be "substantial The criterion of "similarity" is: whether the accused computer program is extremely similar to the plaintiff's software product. There are two categories of "substantial similarity" of computer software programs:
(1) The similarity of text components is judged based on the percentage of references in the program code;
(2) Similarity of non-text components, emphasizing that overall similarity should be used as the basis for confirming the substantial similarity between two software.
The so-called overall similarity refers to the organizational structure and processing flow of the program between the two software products. , the data structure used, the output method generated, the input form required, etc. are similar.Computer software programs have many characteristics. These characteristics have been used to identify whether two programs are similar. Including:
1. The output generated by the two programs Whether they are similar;
2. Both programs accept Are the inputs similar;
3. Two Whether the data structure of the program is similar;
4. Whether the logic flow of the two programs is similar.
In In the expert appraisal and technical comparison work of computer software infringement cases, each of the above characteristics has become the basis for the appraiser to further analyze the performance of the two computer programs in detail.It is through the comparison of these key points that the appraiser draws the appraisal conclusion for the judge's reference. If there is no similarity in these characteristics, there is actually no possibility of infringement.
2. Another important factor in proving software infringement It's contact.
The so-called "contact" refers to the plaintiff's software products has been sold to the public, or the defendant's main software developers have worked for the plaintiff, or there has been a cooperative relationship between the plaintiff and the defendant, etc. These can usually prove that the defendant has had the opportunity to access the core content of the plaintiff's software product, thus making the defendant The software development work is suspected of "borrowing" the core content of the plaintiff's software.
If you are still interested in knowledge about computer software infringement , if you want a more in-depth understanding, you can click on the online consultation system on the Legal Savior website to ask a lawyer.
