Study On The Specific Application Of SSO Rule And AFC Rule In China’s Computer Software Copyright Infringement Disputes

As a functional technical product,computer software is a kind of special object in China’s copyright law,and its protection scope under China’s copyright law is still in a relatively vague state.However,after a long period of exploration and development,the definition of the scope of software copyright protection objects in American judicial practice has formed a set of more mature theories and judicial conclusions,such as the sequence,structure and organization(SSO)judgment rule and the abstract,filter and comparison(AFC)judgment rule.They have had a relatively extensive impact on the world software industry and judicial practice.Therefore,this paper starts from SSO rule and AFC rule,analyzes and studies their practical role in solving computer software copyright infringement disputes in China;Using the experience,theories and precedents of the United States for reference,this paper explores how SSO and AFC rules should be specifically applied in China’s computer software copyright infringement dispute cases,so as to better solve the current situation of such cases in China,such as unclear logic and unclear judgment basis;Taking the legislative purpose as the starting point,taking into account the balance of interests between the technical level and the legal level,a more reasonable trial and a more clear definition of the scope of protection objects are made for computer software copyright infringement disputes in judicial practice,forming a set of software substantive similarity judgment system with clear logic.So as to promote the development of China’s software industry and form a good balance between promoting the progress and dissemination of technology and encouraging software development and innovation.At the same time,it can also provide more choices and thinking directions for the improvement of China’s computer software protection system and policies.