Research On Copyright Infringement Standard Of Computer Programs

The revolution of information industry plays a crucial role in the economic construction of different countries and regions.Every country’s government also recognizes the importance of information industry,and takes effective measures for the development of information technology industry in China.The development speed of software industry has not followed the development of computer industry and Internet.The cause of this problem is not because of the lack of government support,but because of the emergence of a large number of pirated software,the pirated software that can be seen everywhere in the market has prevented the development of the software industry,making the development of the software industry developed rapidly.Nowadays,the spread of pirated software has spread all over the world,which has become a global problem.How to effectively solve the problem of software piracy and how to use the method to protect the software is business secret law,or copyright law,or patent law.Different from the object of the general intellectual property law,the protection of the intellectual property rights to the software is a process of development.From the traditional intellectual property system to the contemporary intellectual property system,how to use the appropriate method to protect the software has become a concern.The protection of computer programs is the most important and critical part of software protection.In the information age,the software industry has already become the leader of the information industry.The progress of the software industry has become an important index to measure the overall national strength of a country.Both developed and developing countries attach great importance to the software industry.Nowadays,no matter what industry is,innovation is the driving force and source of industrial development,and so is software industry.Only by establishing an effective and reasonable mechanism to protect computer software can we get the sustainable and healthy development of the software industry,which can encourage the enterprise to innovate and bring more benefits to the society.In practice,there is no unified standard for the identification of computer program tort,and the ways of infringement emerge in endlessly,so the protection of computer program copyright is very important.This article is mainly discussed in the following four parts:The first part of this paper leads to the problem through the case,and points out the defects of the current computer program copyright infringement identification standard.The first is the mirror copy standard,and the Tort Code must be exactly the same.The second is substantive similarity plus contact standard,which is commonly used in practice.The second part is the cause of the difficulty of copyright protection computer program.This part first introduces the concept of computer program and the concept of computer program in copyright law,and explains its particularity in the characteristics of computer program.Then it explains the changes in the protection of the computer program in the copyright law,from the beginning of the business secret to the later copyright law protection,and to the development of the protection of the patent law.Then it introduces the legal protection of computer programs in different countries,and protects the computer program from the United States to protect the computer program as a written copy of the copyright protection to the establishment of a special computer program in Japan.The third part is the focus of this article,detailing the change of recognition standard of computer program infringement and comparing its advantages anddisadvantages.The first is the SSO standard.The SSO standard determines the similarity of software through three aspects of structure,order and organization,but it has its limitations.The second is the AFC standard.It uses the three steps of abstraction,filtering and comparison to judge similarity.At the end of this paper,it introduces the relevant foreign methods of identification.The fourth part summarizes the copyright infringement of computer program and gives some suggestions.