Abstract：In the judicial determination of the crime of copyright infringement involving computer software, the determination of “reproduction” behavior has always been a difficult problem perplexing judicial practice. From the perspective of legal doctrine, the understanding and definition of the meaning of “reproduction” involving computer software has its own uniqueness. Although the current legislation does not provide for the rule of “contact+substantial similarity”, it has become a common practice to identify the behavior of “reproduction”. Since it is difficult to obtain direct evidences to prove, the judicial organs mostly apply the presumption rule to confirm the “contact”, but it should be different from civil cases and there should be clear legal provisions. There is a lack of unified judgment criteria for the identification of “substantial similarity”. “Substantial similarity” is not limited to the overall comparison of computer software. Whether the similar proportion has the threshold of criminal prosecution is controversial. It is necessary to further clarify the judgment criteria of “contact+substantial similarity” through judicial interpretation or guiding cases, unify the judgment scale of judicial determination of “reproduction” behavior, and strengthen the criminal protection of computer software copyright.
2022, Vol. 36 
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