Software

How to Deal with the Quality Dispute in the Software Development Contract

Submitted by Zhong Yi on Sun, 07/04/2010 - 22:22

Author: Zhong Yi, Michael Ni [Shanghai Runhe Law Firm]

1. Brief Introduction to the First Instance

The plaintiff and the defendant entered into an contract providing that both parties collaboratively develop a set of software whose support of creation and art crafts, and manufacture and sales, etc. is provided by the plaintiff and the defendant shall be responsible for development and script plan of the programme; the copyright of the product belongs to the defendant; the price of the Contract was paid separately by procedure like down payment, test and etc.; after the product is on the market for 30 days and if no quality issues which arouse return of goods, the rest payment will be made by the defendant, or the payment will be offset for the losses of goods; the copyright will be transferred to the plaintiff if the defendant is late for make payment. After the plaintiff delivered the developed software to the defendant, the defendant made it published by publisher for sale in the market under the condition that the software hasn't been accepted in a formal way. During the procedure of sales, the plaintiff provided supplemental "Q&A of Installation" and "Software Patches" which are sold together with the software by the request of the defendant. After that, the defendant refused to make the rest payment on the grounds that the software has quality issue for which the plaintiff filed the case to the court requesting the defendant to pay the rest payment for developing the software.

Determination of the Amount of Damages of Software Copyright Infringement

Submitted by Katherine on Fri, 05/21/2010 - 10:42

Author: Zhong Yi, Liu Jiayin [Shanghai Runhe Law Firm]

In the trial of the case of software copyright infringement, how to determine the amount of damages in the event that the software involved in the case has been taken off the market? Will it affect the determination of the infringement and the amount of compensation if the infringer purchases the upgrade version of the software involved in the case after the litigation procedure begins? The following restatement of the Case will discuss such issues.

Elementary Comments On the Legal Protection of Software File Format

Submitted by Zhong Yi on Sun, 05/31/2009 - 12:24

Author: Zhong Yi, Ni Jia [Shanghai Runhe Law Firm]

1. Brief Introduction to the Case

Court of First Instance: Intermediate People's Court of One City
Court of Second Instance: High People's Court of One City
Plaintiff of the First Instance (the Appellee of the Second Instance): Company A (the Copyright Owner of JDP Software)
Defendant of the First Instance (the Appellor of the Second Instance): Company B

Comparison on Open Source Software Licenses

Submitted by Michael Ni on Thu, 05/14/2009 - 16:21

1. Degree of Freedom

In most cases, free publication is a sincere present, for the software is developed by those who hope the software to be spread widely as possible as it could. They will be awarded by fame and reputation which are definitely far better than anything, except for the initiative fund of initial public offering (IPO). Sharing knowledge and creating more knowledge are the whole for Richard Stallman during his college life and into which he has been rooted.

So the concept of freedom is the kernel of Open Source. Then the degree of freedom endowed by Open Source Software Licenses will be illustrated by the following figure:

Applying for the Certification of Communication Information Network System Integration Enterprise

Submitted by Michael Ni on Tue, 05/12/2009 - 14:04

Enterprise which has got the qualification certification of Communication Information Network System Integration Enterprise and meanwhile conforms to the requirements of the software enterprise certification may apply for the software enterprise certification. After getting such certification, the enterprise may enjoy relevant preferential policies on tax.

The following are the brief introduction to the application of Certification of Communication Information Network System Integration Enterprise:

1. Taking the first-grade enterprise as example:

How Preferential Policies on Tax Be Applied to Software Enterprise and High & New Tech Enterprise Through Certification

Submitted by Zhong Yi on Sun, 05/10/2009 - 17:07

Author: Zhong Yi, attorney at law; Michael Ni; [Shanghai Runhe Law Firm]

To promote the development of high and new tech enterprises in the national software industry and integrated circuit industry, our country has enacted a series of law and regulations to encourage and aided them to grow robustly. Such enterprises gains benefits on tax in accordance with relevant laws and regulations after they have been certified or applied related registration. This article takes software enterprise as example to summarize the vectors of application of certification and benificiary on tax:

Summary of Provisions Concerning Software, Software Products and Software Enterprise

Submitted by Katherine on Sat, 05/09/2009 - 20:27

Author: Zhong Yi, Katherine Liu; [Shanghai Runhe Law Firm]

Part One Administrative Regulations

1. Notice of the State Council on Printing and Distributing Several Policies of Encouraging the Development of Software and Integrated Circuit Industries [No. 18 [2000] of the State Council] [2000.06.24]

Part Two Departmental Rules