Founder Company, the Red Mansion Research Institute and Gaoshutianli company, high operation company of computer software copyright infringement dispute case
[Abstract] the referee
One, according to the provisions of the "PRC Civil Procedure Law" article sixty-seventh, the legal fact proved through notarization procedure, unless the contrary is evidence enough to overthrow the outside, the people's court shall serve as the basis for ascertaining facts. But if the illegal to take the way of evidence itself, even if proved to be notarized, the obtained evidence also cannot be used as a basis of fact.
Two, although the law made more expressly for illegal behavior, but because of the social life widely and the interest relationship between legal complexity, more time for illegal behavior does not take the exhaustive lists regulations, but the legal principle for determining, by judge Li Yiheng, judge the amount of value orientation.
Three, in view of the fact that the computer software copyright infringement behavior of strong concealment, investigation and evidence collection difficulty is greater, the infringee through legalization way of collecting, its purpose is not unfair, their behavior does not damage the public interests and the legitimate rights and interests of others, at the same time, the way of collecting also helps to solve the problem of difficulty to collect evidence in such cases, in favor of deterrence and to stop the infringing act, is conducive to strengthening the protection of intellectual property rights, so the way of notary evidence should be recognized as valid, the obtained evidence should also be identified as the basis of the facts of the case.
Four, is accused of illegally selling pirated software installed, the behavior of people, if not its source of installation, sales of software to provide the relevant evidence, it is presumed that the violation of the copyright holder of the copy right and distribution right.
