What are the principles for determining computer software infringement?

Software infringement refers to software infringement, and the consequences of such behavior are civil legal liability. What are the principles for judging computer software infringement? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What are the principles for determining computer software infringement

In the computer software development process, in addition to obtaining the final result of program code In addition, it also includes data structure, algorithm, user interface, organizational structure and other contents. Because the part between the code and the software function basically belongs to the ideas in the software development process, rather than the expression of the software, it does not fall within the scope of protection.

Principles for determining computer software infringement: "Substantially similar sex plus contact” principle. Under the premise that the two are substantially similar, if there is evidence proving that the defendant has come into contact or may have come into contact with the software, the infringement can generally be determined. The steps are as follows:

(1) To the accused Directly compare the contents of floppy disks or directories and file names between the infringing software and the rights holder's software;

(2) Compare the installation processes of the two software and pay attention to whether the screen displays during the installation process are the same;

(3) After installationCompare directories and files, including comparing file names, file lengths, file creation or modification time, file attributes and other superficial phenomena;

(4) Compare the screen display, functions, function keys, usage methods, etc. during the use of the software after installation;

(5) Compare the program codes of the two software.

Among them, the most important one is program code comparison stage. The judgment of the identity of the target program is only the basis for the judgment of software infringement. When the target programs are the same, it is necessary to further judge whether the source programs of the two software corresponding to the target program are the same. If the source programs of two software are substantially similar, it can be determined that the two software are similar and the infringement is established.

I believe that after reading the above introduction, you will know how to Now that you have a certain legal understanding of the responsibilities that need to be paid attention to, if you still have legal questions in this regard, please consult the lawyers of the Legal Savior Network, and they will provide you with professional answers.