What kind of proof is necessary to show the copying of a computer program?
Courts determine whether or not copying occurred, rather that the independent creation of a program, by comparing the two programs for evidence of copyright infringement. The determination of copyright infringement is done through an analysis of whether there exists a “substantial similarity” between the initial work and the product of the reverse engineering effort. Making such a determination can be quite complicated in the software context since different parts of the computer code may be similar due to the industry standards of the overall structure and user interface of programs as well as their compatibility requirements. In order to prove a claim of copyright infringement, the burden is on the initial work’s owner to show that the defendant had access to the original code.
Related Questions
- Is it necessary to deposit accompanying documents of the computer program for which Copyright registration is being sought?
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- What kind of proof is necessary to show the copying of a computer program?
