A Change: from cat to tiger? (copyright law/infringement/software/function)
A Change: from cat to tiger? (copyright law/infringement/software/function)
Li Dongtao
Description: software, new function = infringement.
The Facts
I see changes
With one question in mind.
This is a case about “change”.
The plaintiff is a software company.
The defendant is a software engineer.
The plaintiff developed a software Power K1.0 and got a market success quickly in July, 2000.
A month later, the defendant bought a Power K1.0 and adapted it into the Power K 2.0:
95% of the source code in the two editions of the software was the same, changes in the remaining 5% had led to a new function, a new breakthrough. Then the defendant sold the new software online.
The plaintiff sued the defendant for copyright infringement.
The defendant argued the copyright infringement was not established because Power K2.0 is completely different from Power K1.0 in function, the change is like from cat to tiger.
Analysis
The copyright infringement is established.
In theory, software is a set of instructions that tell a computer what to do.
Software is not only the expression of an idea, but also a tool to realize an idea.
The function of software may be used to decide whether there is the copyright infringement or not.
In this case, it is true there is a new function in the defendant’s software, it is also true the new function would be destroyed without the remaining 95% same source code.
Because the defendant adapted Power K1.0 into K.2.0 without the plaintiff’s permission, though there was a break through, like from cat to tiger, this argument is useless.
In short, see changes, question about copyright infringement.
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