What standards are used for compensation for software infringement
Accused by the software copyright owner If a person infringes his or her software copyright and claims damages, he or she needs to provide evidence to prove the facts on which the claim is based. The main criteria for determining the amount of damages for software copyright infringement are:
1. The amount of loss suffered by the right holder due to the infringement. The time period starts from the time when the infringer commits the infringement and ends when the infringement ceases. Pay attention to the proof of causal relationship, that is, the causal relationship between the sales volume of the right holder and the decrease in sales volume caused by the infringement behavior of the infringer.
2. The profits gained by the infringer from the infringement. When the rights holder's losses cannot be calculated, they can be calculated by multiplying the number of infringing products sold by the infringer by the sales price. In many cases, the defendant is unwilling to provide sales data, so it is difficult to obtain evidence. When the amount of the right holder’s loss is inconsistent with the infringer’s profit, the higher one shall apply.
3. The amount of compensation shall be determined by referring to the multiple of the software license fee. In cases of commercial use of other people's software without permission to infringe other people's software copyright, the software copyright owner could have obtained benefits through licensed use, and the license fee calculation standard can be calculated based on the time and scope of the defendant's infringement.
4. When the amount of compensation cannot be determined by the above methods, the judge can determine a reasonable amount of compensation based on the circumstances of the infringement, which is statutory compensation.
It can be seen that software infringement requires comprehensive consideration from multiple aspects to determine the standard of compensation. However, in judicial practice, due to the changes in the network environment The more complicated thing is often to determine the facts of infringement, and if you encounter situations that are difficult to determine, you can consult a lawyer for help. Legal Savior Network also provides online lawyer consultation services, and you are welcome to make legal consultations.
