Judicial Identification of Software Copyright
Xu Chen · Journal of South China Normal University · 2005
This paper is a comment on a retrial case of copyright infringement of software which designated retried by the Civil Tribunal of the Supreme Court.The dispute over judicial identification was the key of this case.The identification of the similarities of the software should be based on actual conditions rather than merely on code program.The software program of man-machine dialogue may possibly obtain the protection of copyright.The author of this paper indicates that the program which supports the software of man-machine dialogue from other's works also has the copyright at least,therefore,it can avoid being accused of copyright infringement.The author also gives some personal views on the legal procedure of current judicial identification.