Legal analysis: The standard used by my country’s judicial circles to determine whether computer software is infringing is to protect computer software in accordance with the principle of separation of creative 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, contract law, 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.
Legal basis: "The People's Republic of China and the Civil Code"
Article 120: If civil rights and interests are infringed upon, the infringed party has the right to request the infringer to bear infringement liability. .
Article 183: If one is harmed due to protecting the civil rights and interests of others, the infringer shall bear civil liability, and the beneficiary may provide appropriate compensation. If there is no infringer, the infringer has escaped or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall provide appropriate compensation.
Article 1,167 If an infringement endangers the personal or property safety of others, the infringed party has the right to request the infringer to bear tort liability such as ceasing the infringement, removing obstacles, and eliminating danger.
Article 1,168 If two or more persons jointly commit infringement and cause damage to others, they shall bear joint and several liability.