How to judge the standard of computer software copyright infringement

How to judge the standard of computer software copyright infringement? As a form of works, computer software is protected by software copyright laws and regulations promulgated by the state. The work of computer is inseparable from the control and command of software. Software has the characteristics of heavy development workload, high development investment, easy replication and extremely low replication cost. In order to protect the reasonable rights and interests of software developers, encourage the development and circulation of software, and promote the extensive and lasting application of computers, it is necessary to legally protect software and prohibit the act of copying and selling its software without the permission of the software copyright owner. How to judge the standards of computer software copyright infringement Many countries have formulated laws and regulations to protect computer software copyright. The Copyright Law promulgated by China 1990 stipulates that computer software is one of the forms of works protected by law. In 2002, China promulgated the Regulations on the Protection of Computer Software, which made specific provisions on the legal protection of software copyright. The principle of protection of computer software works (1) The principle of separation of creativity and expression means that copyright only protects the expression of creativity, but not the creativity itself. The Software Protection Ordinance stipulates that the protection of software copyright in this Ordinance does not extend to the ideas, processing procedures, operation methods or mathematical concepts used in developing software. Paragraph 2 of Article 9 of TRIPs and Article 2 of WIPO Copyright Regulations point out that copyright protection should only be extended to expression, not to creativity, process, operation method or mathematical concept itself. (2) The principle of combining creativity with expression means that when expressing a certain creativity, if the similarity between two works is caused by the limited types of choices, it is not considered that one of the works constitutes a copy of the other and does not constitute infringement. For example, Article 29 of the Regulations on Software Protection stipulates that the software developed by software developers is similar to existing software because of limited expression options, and does not constitute an infringement of the copyright of existing software, which is the embodiment of this principle in legal norms. (III) SSO Principle This principle originated from the WhelanvsJaslow case, that is, the copyright protection of computer programs can be extended from its article coding to its structure, order and organization. That is, the function of a computer program is thought, and other components are expression. There is only one thought in the whole program, and there is no thought component in the subroutine. Any optional design is protected by copyright. Judicial standard of software infringement in China: The standard adopted by Chinese judicial circles in determining whether computer software is infringing is to protect computer software according to the principle of separation of creativity and expression. The legal protection of computer software came into being with the development of computer software industry in 1950s and 1960s. There are many forms of legal protection for computer software, such as copyright law, patent law, trademark law, contract law and anti-unfair competition law. According to the characteristics of software, software can be used for different purposes and different forms of expression, and can take different forms of legal protection. Different forms of legal protection have their own characteristics. 1. is protected by copyright law. This protection 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 for the Application of New Technologies in Copyright Works (contu) of the United States holds that copyright law is the most appropriate law to protect software in terms of existing laws. In China, copyright protection is also the main way to legally protect software. However, the copyright law only protects the expression form of the software itself, and cannot extend to the ideas, concepts, methods, principles, algorithms, processing procedures and operating methods used in developing the software. 2. Protected by patent law. This kind of protection makes up for some shortcomings of copyright law protection and can effectively protect the creativity of designers embodied in computer programs. However, the software itself cannot be patented alone, but can only be used as an integral part of the invention.