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Software beyond the scope of an infringement of copyright Microsoft sued Mitsubishi

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Users questions:Software beyond the scope of an infringement of copyright Microsoft sued Mitsubishi
Experts answer:LONDON June 8 news in 1998, Duan & Duan Law Firm Shanghai receives a case, the client is the IT giant Microsoft, its prosecution of the object as Illustrious - Japan's Mitsubishi Elevator Co., Ltd.. Microsoft sued Mitsubishi, end-users of computer software copyright infringement, when the end-user infringement of computer software there is no clear legal basis. After nearly 2 years to prepare, early in 2000 Microsoft to court, nearly 5 months after the mediation parties, Mitsubishi said it will respect and protect intellectual property rights of computer software, which is Microsoft's first from open play in China pirated software infringement. Blank proxy anti-piracy case face legal counsel Wu Jian, told reporters recalled the case is still memorable. The late 90s of last century, the face of large quantities of pirated Microsoft software, the National Copyright Administration of China in the hope that sanctions against piracy. While in 1991 China promulgated the "Regulations on Protection of Computer Software," but the end-user software piracy problem is not relevant legal provisions. Microsoft then in Beijing, Shanghai and other cities to seek through legal channels. April 1999, Microsoft Asia are in Beijing, the company sued infringement, because errors in the process of preparing litigation, the court rejected his appeal. Meanwhile, Shanghai is also gearing up for litigation process, the failure of Beijing litigation, making Shanghai litigation becomes extremely important. Microsoft, after careful consideration, decided to sue Mitsubishi. Mitsubishi at the time was the highest tax on foreign companies Heiner. Wu Jian, the preservation of evidence the judge to take over the case of Mitsubishi, the major difficulties facing a two-fold problem of lack of legal basis litigation, which may sue at the outset to be rejected; the second is evidence of infringement of computer software problems using , due to the special nature of the software, making it difficult to preserve the evidence. Took over the case from the beginning, Wu Jian, began to counsel other agency to do a lot of market research, and by the Copyright Bureau and other relevant administrative departments to communicate with the court, and court open symposium to discuss the legal point of view of computer software copyright . Microsoft and the Chinese government for nearly two years after the interaction, communication, and gradually make the abuse of computer software, also belong to the concept of infringement has been established. January 2000, after filing, the most important issue facing the evidence is collected. A Microsoft application to the court to take evidence preservation before litigation, it is no precedent. By the court to come forward and assist in Shanghai Computer Information Center, more than a dozen judges to the mighty Mitsubishi, more than 200 computers have been preserved as evidence. According to Wu Jian memories, it became a breakthrough in the case, the next to come out ahead. Clear evidence of abuse in the face of software is illegal, June 2000, Microsoft reached a settlement agreement Mitsubishi, Mitsubishi ensure that: respect and protection, including computer software copyrights, including intellectual property rights, prohibits unauthorized copying and use of computer software. Microsoft got the deal with the end-user piracy of the legal precedents, from combating piracy in China has a legal basis. In the same year in November, the Ministry of Information Industry and the State Copyright Bureau 11 beginning of the joint amendment "Computer Software Protection Regulations", the new "Regulations" provides that use of the software beyond a certain range belong to infringement. (Xinmin Evening News)
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