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Enter the digital era, copyright is no longer limited to text, video, picture. The computer program is the protected range of copyright laws that are included in the new information carrier.
As a new type of media form, computer programs and traditional text have a completely different protection logic. Due to the particularity of computer program iteration, new languages ??are often derived from old language, which is the characteristics of program language and cannot be used as an infringement.
Google and Oracle’s lawsuit, a judge with a computer background said: API’s statement code and SSO are not subject to copyright protection. “Copyright Act” does not apply to any “idea, procedure, process, system, operation method”, and the naming and classification of packaging, classes, and methods is too practical, so as not to have copyright. However, it was overthrown in the later decisions.
China’s currently implemented software book regulations, support the company’s new functions of software implementation for filing. Based on my personal experience, I think the identification of program innovation should not be limited to the similarity of program code, but to see if this program itself can implement some kind of innovation. What we should protect is the language logic to achieve this feature.
Detailed explanation. We can understand the program language as building blocks, all procedures are all different shapes of the same building blocks. If we focus on copyright protection, we will easily fall into the beginning, and the new language is often from the old language, and the blocks themselves are difficult to innovate. Google and Oracle lawsuits are actually the right to dispute these blocks.
If these are copyrighted by the building blocks, once the copyright and belongs are copyrighted, I think this is easy to cause industry monopoly in the computer software field, which is tantamount to let a company master the cornerstone of the entire computer industry. This is a devastating blow to the development of the entire industry. So, I think the copyright of the software should focus on the implementation of new features, not similar to the underlying program.
There is a proprietary noun called “open source” in the field. That is, the manufacturer of the program share the source code of the program to all computer users to promote innovation and progress in the industry. Copyright and legal intention, in order to provide a good creative environment for the majority of creators, so that the industry has long been developed, rather than using copyright protection, forming monopoly.
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