A Legal Analysis Of "Plagiarism"of Internet Software

The traditional way of legal protection of computer software is copyright law, under which codes and documents can be protected as works. But this way haven’t adapted to the development of internet industry. It can be seen from cases of Tencent v. Sogou, Kaixin v. Qiangxiang and360v. Tencent that there are more disputes about "plagiarism" and related unfair competition, which exposed the shortage of intellectual property laws.The thesis hereof analyses "plagiarism" conduct of internet software through some cases, and summarizes some legal problems, which are deeply analyzed, referring to stance and measures of foreign countries. Through that analyses, we can learn that the objects of "plagiarism" conduct are user interface and function of software, and then protection ways to which is discussed with difficulties in legal theories and practices and possible solutions.User interface is expressed as screen display and there are some technologies behind, and to the screen display and technologies, copyright laws and patent laws should be used respectively. But there are different opinions on copyrightability of user interface, and it is also difficult to define the scope of copyright protection and to affirm a tort. In fact, user interface has the nature of applied arts, and it can be registered as designs in many countries but not in PRC. And the patent protection of technologies of user interface is accepted generally, but there is also a vague definition of "technicality".New functions of software can be separate into new ideas in technology and in business, and patent protection is accepted for the former but hotly debated for the later.Besides, discussions about trade dress and abuse of right under competition laws and antitrust laws are also involved in the thesis hereof based on the relationship between intellectual property and competition laws.