First, imitation or plagiarism of App software functions should be distinguished from imitation or imitation of App software names and trademarks, which is a typical infringement of copyright or trademark rights and constitutes infringement;
Secondly, the function of App software in this case belongs to the product function design of computer software, which essentially belongs to the designer's design concept or thought. According to Article 6 of the Regulations on the Protection of Computer Software,' the protection of software copyright does not extend to the ideas, processing procedures, operation methods or mathematical concepts used in developing software', that is to say, in Internet software, the copyright law protects the original code of the software, but does not protect the functional design of the product;
Third, because copyright only protects expression, not ideas, if Netease Cloud Music and Cool Dog Music only have similar ideas, even if the latter's Cool Dog Music violates the moral norms, it cannot be regarded as infringement. Only when the two softwares are highly similar in program expression, and they are copied or partially copied from the software of the copyright owner, can they be regarded as infringement;
Fourth, not all highly similar expressions are considered as infringement. Article 29 of the Regulations on the Protection of Computer Software stipulates:' If the software of a software developer is similar to the existing software due to limited expression options, it does not constitute an infringement of the copyright of the existing software.' That is to say, if the expressions of the two softwares are highly similar, but the reason for the similarity is that the thoughts and expressions are' confused', it cannot be considered that the later developed software constitutes infringement.
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Cool dog music responds to "shanzhai door"
On February 2nd, the official WeChat of Netease Cloud Music posted a message about Cool Dog Music (Tencent Music for short), a brand of Tencent Music Entertainment Group, saying that Cool Dog Music was established as a "cottage office" and has been making a cool new function of Netease Cloud Music.
Subsequently, Xie Huan, vice president of Cool Dog Music, posted a message in a circle of friends, suspecting to respond to this matter: "It turns out that the QQ music listening function I made in 2006 has such far-reaching strategic significance. After finding the demand documents of the year, can I bid farewell to the cottage? "
Paper-Who "shanzhai" Netease Cloud Music and Cool Dog Music? Lawyer: It is difficult to identify infringement.