Case study software interface problems

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According to the agreement signed between the company and the Beijing Insurance Industry Association, both parties share the relevant rights to the works involved. The Beijing Insurance Industry Association hereby makes it clear that it will not participate in the lawsuit and the company will exercise the relevant rights, therefore, the company may file a separate lawsuit.

There are a large number of identical or similar content in the works involved between Yi Bao company and cesoft, and cesoft does not deny that the company had access to the work of Yi Bao company when it completed the work involved, yi Bao claims that cesoft infringes on the company's copyright to the interface description and code table of the relevant software, and this court will not accept it for the following reasons:

I. Generally, interface information is a set of protocol defining procedures for coordination and cooperation between different institutions and systems in the network environment, it provides information and operation instructions required for programming. The public code table is a set of code defined to simplify data exchange between different systems. First of all, according to China's "Computer Software Protection Regulations", the protection of software copyrights will not be extended, and the ideas, handling processes, operating methods, or mathematical concepts used for software development. Therefore, the interface description and related content in the public code table involved in this case are not protected by the Copyright Law, in other parts, content that lacks minimum creative requirements, such as simple letters, words, and phrases, is not protected by copyright law. Secondly, according to the interface and public code table submitted by the company, some of the content comes from relevant regulations or other administrative documents, and this part of the content is not applicable to copyright law. Third, the company added part of the self-created content of the company in the interface description and public code table, such as the vehicle code not found in the relevant administrative documents, however, the content itself has only one or a few expressions and is not suitable for the protection of copyright law.

2. According to the contract signed between Yi Bao and Beijing Insurance Industry Association, the interface completed by the company is to ensure that the information library platform developed by the company is connected to relevant systems of relevant insurance companies, public security agencies, and other institutions, so that users can share information on the platform, that is, to achieve compatibility between systems. To achieve compatibility, the relevant systems must follow the unified standards. According to the invitation letter issued by the China Insurance Industry Association and according to the contract signed between cesoft and the Association, cesoft should complete the corresponding system to achieve information sharing and system compatibility nationwide, once the system is completed, the Beijing Insurance Industry Association and relevant insurance companies, which serve as the joint right holder of the interface and public code table involved, should also be used. Some local information library Platform projects that Yibao participated in were developed earlier and have been applied in Beijing and other places, if the Interface Information and Public code table of the information library Platform project can be adopted by the national system, the relevant insurance industry associations and insurance companies will spend a lot of manpower and material resources, obviously, this is in the interest of the above organizations. In the invitation letter, the China Insurance Industry Association emphasized the compatibility with the existing system, it is clear that the interface information and public code tables involved in the completed information library Platform project are likely to be used by new systems, and the relevant property rights will be vested in the China Insurance Industry Association, however, the company did not raise any objection. It can be seen that the interface information and public code table involved in the new system do not violate its will. In addition, software compatibility is one of the important factors to promote the overall development of the computer industry. If copyright protection is provided for the corresponding interface information, some enterprises with early R & D or corresponding operating systems will occupy a market monopoly and ultimately hinder the healthy development of the entire industry.

To sum up, this court does not support the claim that the company requires that cesoft infringe the company's copyright and bear the corresponding civil liability. However, considering that cesoft directly used the products completed by the company while completing the cooperation with the China Insurance Industry Association, cesoft objectively reduced costs and reduced the corresponding operational risks, therefore, some compensation should be paid to the company, and the specific amount should be determined by the court as appropriate.

In conclusion, according to Article 5 of the Copyright Law of the People's Republic of China, the judgment is as follows:

1. within seven days from the effective date of this judgment, the defendant zhongke soft Technology Co., Ltd. paid 70 thousand yuan in economic compensation to Yibao Network Technology (Shanghai) Co., Ltd;

2. rejected other litigation requests from the plaintiff Yi Bao Network Technology (Shanghai) Co., Ltd.

If the defendant zhongke soft Technology Co., Ltd. fails to fulfill its monetary obligations in accordance with the period specified in this judgment, it shall comply with article 232nd of the Civil Procedure Law of the People's Republic of China, double payment for debt interest during delayed performance.

The case acceptance fee is RMB eight thousand five hundred and ten (pre-paid by the plaintiff), which shall be borne by the defendant zhongke soft Technology Co., Ltd. and paid within seven days from the effective date of this judgment