Stratic Advice on Intellectual Property Investment in Asia/苏冉(9)
(ⅲ)Introduction of Judgments in Precedent Cases
A) P.R.C
In a landmark verdict on April 16, 1996 against Beijing JuRen Computer, the Beijing No.1 Intermediate Court delivered judgment in favor of the Business Software Alliance (BSA) upholding the plaintiffs' intellectual property rights and ordering the defendant to (a) publicly apologize to the plaintiff; (b) pay over RMB600,000 (US$70,000) in damages, including court costs and accounting costs; (c) pay additional fines directly to the court. The court also ordered the defendant to undertake not to infringe intellectual property rights in the future, and the law enforcement officials to confiscate all computers and software seized during the raid on the defendant's premises. In another case, the same court rendered a judgment against Beijing Giant Computer Co. for software copyright infringement. These were the first cases decided in favor of a US plaintiff in a Chinese court.
B) Singapore
A famous case concerning to software copyright is decided on 12th Nov,1996 between the appellants (Creative) and the respondents (Aztech). Because Aztech was proved to copy Creative’s code resource instruction, rewrite it in another source code language, turn the source code into objective code and copy computer program function as well with the help of Dr. Nichol’s powerfully technological test .Aztech had disassembled and copied a substantial portion of the firmware program contained in the microprocessor of Creative's Sound Blaster Card. Creative also claimed that their copyright in TEST.SBC (a program ancillary to and supplied with the Sound Blaster package) had been infringed when it was copied for the purpose of effecting assembly through the running of the DEBUG program. Having resolved the disputes of private study or public use by cyberspace, thinking carefully together with other evidence, the judge of the Court of Appeal supported the appellant’s claims in the end. Unfortunately, this case later resulted in the academic discussion of Copyright Infringement and caused the revising of the old Copyright Act, taking Internet and Cyberspace as a vital account.
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