What is the most important principle in determining copyright infringement?
In the context of separation of ideas Following expression, public domain and private domain, if two works are identical or similar, plagiarism can be judged by whether the authors of the two works have contact or there are traces of contact in the works.
If the right holder’s work is identical or similar to that of the defendant, and the defendant cannot provide its creative process to prove that it did not imitate but created independently, the infringement is established. It can be seen that the burden of proof here has been reversed, that is, the author of the accused work must prove that he has not had contact with the plaintiff's work, otherwise it can be presumed that there has been contact.
Exclude the ideas of the work from the scope of protection of copyright law. This is a basic requirement of copyright law principles. Copyright law protects expressions, but not ideas, concepts, discoveries, principles, methods, embodiments, and processes. Ideas and expressions can be clearly distinguished in general works, but in computer software works, the boundaries are not clear. In addition, even if it is an expression of thought, but the expression belongs to the public domain, for example, if it is a unique expression, the expression is also not within the scope of protection.
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