What are the standards for identification of software infringement
In my country's judicial circles The standard used to determine whether computer software is infringing is to protect computer software in accordance with the principle of separation of creativity and expression.
The issue of legal protection of computer software has arisen with the development of the computer software industry since the 1950s and 1960s. There are many forms of legal protection for computer software, such as copyright law, patent law, trademark law, civil code, anti-unfair competition law, etc. According to the characteristics of the software itself, the software is used for different purposes and in different forms of expression, and can adopt different forms of legal protection. Different forms of legal protection have their own characteristics.
1. Protection under the Copyright Law. This protection method is mainly based on the basic principle of copyright protection, that is, the principle of separation of creativity and expression, to protect the expression of creativity. The final report of the National Committee on New Technology Applications of Copyrighted Works (CONTU) concluded that: As far as existing laws are concerned, copyright law is the most appropriate law to protect software. In our country, copyright protection is also the main way to legally protect software. However, copyright law only protects the expression of the software itself, and cannot extend to the ideas, concepts, methods, principles, algorithms, processing procedures and operating methods used to develop the software.
2. Protection under the Patent Law. This kind of protection makes up for some deficiencies in the protection of copyright law and can effectively protect the designer's "creativity" embodied in computer programs. However, the software itself cannot be patented independently, but can only be an integral part of an invention.
Laws and regulations related to software infringement
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"Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Cases Involving Computer Network Copyright Disputes"Article 5 It stipulates: “If a network service provider that provides content services requires the copyright owner to provide the infringer’s registration information on its network in order to pursue the perpetrator’s infringement liability, and refuses to provide it without justifiable reasons, the People’s Court shall, in accordance with the First Principle of the Civil Law, According to the provisions of Article 106, the corresponding infringement liability shall be investigated.”
Article 6 stipulates: "The network service provider knows that it is specially used to deliberately avoid or intentionally avoid or In case of uploading, disseminating or providing methods, equipment or materials that destroy other people's technical protection measures for copyright, the People's Court shall, based on the parties' litigation requests and specific case circumstances, in accordance with Article 47 of the Copyright Law (revised Article 48) Item (6) stipulates that network service providers shall be held liable for civil infringement.”
The frequent occurrence of software copyright disputes depends on the development of the Internet in recent years. Some websites or companies freely use software designed by others to make profits for themselves without paying due copyright fees. Once infringement is constituted, they will be held legally responsible. Fortunately, our country has paid more and more attention to copyright protection in recent years, and many designers of intellectual works have received due compensation after their copyrights were infringed.
The above is the relevant knowledge about software infringement compiled by the editor of Legal Savior Network for you. In our country, software copyright is protected by law. It is unreasonable and illegal to work hard to develop excellent software products but have them stolen by others. If you have questions about software infringement and the situation is complicated, Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.
