Questions and Solutions to Enforcement of Rights Protection by Overseas Software Enterprise in China

(By Luo Yanjie) Abstract:In the litigation of software infringement, the most fundamental evidence is that which is used to prove that the infringed software used by the defendant is plaintiff’s. It is urgent that China strengthens its punishment of infringement so as to protect commercial order and stability.

Rhino Software Inc. (hereinafter the “RhinoSoft”) developed “Serv-U”, a widely adopted FTP server software. In recent years, RhinoSoft have been trying to enforce its rights against the unauthorized use of Serv-U in China. Our previous post Analysis on the Assumption of Liability in the Serv-U Infringement Lawsuit in China has already introduced some of our analysis on this issue. In today’s post, we will be doing a complete analysis of the problems and potential solutions of RhinoSoft’s enforcement of rights in the proceeding litigation from a practical perspective.

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Could NetDragon’s Providing Plants vs Zombies 2 Be Protected under the Safe Harbor Principle?

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(By You Yunting) In recent days, Plants VS Zombies 2, the sequel to the global hit game Plants VS Zombies, came on the market in Apple’s AppStore in Australia. Afer initial release, millions of users downloaded the app from the Australia store. In China, however, the situation is quite different. As reported by the media, within the first 24 hours of the game’s release, many unlocked versions of the application were uploaded to third party media providers, like ZS91.com, and that the encrypted in-game items had been cracked.

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Can Software User Interface be Protected by China Copyright Law?

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(By Albert Chen) User Interfaces (UI) are generally excluded from copyright protection, because a UI simply allows the software to be used by displaying various methods of operation; that being said, because UIs are all essentially limited by incorporating similar functions, similar kinds of software inevitably reach creative limits in expression of UI layouts and specification of features and functions. Looking at UIs in another way, the basic UI layout and framework essentially enter the public domain, and ergo are not afforded protection under the Copyright Law.

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Is It Illegal for Microsoft to Use Firefox with Firebug Plugin in Evidence Preservation in China?

According to news reports, Microsoft along with Autodesk, filed a lawsuit in the Foshan Intermediate Court (note: the link is in Chinese) against a renowned company admitted in Foshan City, claiming computer software copyright infringement. The plaintiffs stated that the accused company had been using their software without any licenses or approvals. Based on this, the plaintiffs demanded compensation of RMB 8 million yuan, elimination of influence, cessation of infringement, and an apology. This case is not black and white and the court certainly has its own opinions, but today I would like to take this chance to discuss how to determine the legitimacy of evidence collection in cases of computer software infringement.

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Is It Illegal to Unlock or Jailbreak iPhone and iPad in China?

By You Yunting

A friend asked me a question: why by the latest USA legislature, to unlock iPhone shall be against the law, while it is permitted by law to do so for iPad? This question is complicated on essence, and it actually involves two restrictions designed by Apple on its devices.

On the initial launch of iPhone, the exclusive operating partner of Apple for its new device in USA was AT&T, and therefore it built the capability into the phone so as to ensure only the AT&T would be service network. Later on, as detained a slow internet speed, such a SIM lock was soon been unlocked, and from then on other operator could serve the users with iPhone.

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Brief Introduction to Software Copyrighter’ s Right Limitation to Ultimate User

by Luo Yanjie

Under the system of China Copyright Law, what right limitations may come to software owners? And what rights and obligations are enjoyed or taken by the ultimate user and what’s the liability when the infringement occurs? Today we would like to give you the introduction on the issues. There are two main litigations on the PC software, namely the Copyright Law and the Regulations on the Protection of PC Software (the “Regulation”). But according to the latest exposure of the Copyright Law’s revision, the Regulation’s articles have been all regulated in the new drafted law; therefore, it is foreseeable that the Regulation may be abolished once there publicized the new Copyright Law.

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