소프트웨어 유사도 감정에 관한 연구

- 감정 및 법원의 판단 사례를 중심으로 -

In computer program copyright infringement cases, whether there is substantial similarity is a key issue in judging infringement. Because computer programs, especially source code, are difficult for the general public to understand, there are many cases where copyright appraisal procedure is used in litigation practice. Our copyright law, apart from the appraisal system under the General Civil and Criminal Proceedings Act, provides an appraisal system to support the judgment of the courts and investigation agencies in relation to copyright infringement. Since 2001, the Copyright Commission has started an appraisal system for software, and it is carrying out appraisal of similarity, completeness, and development cost. Analyzing 34 computer program similarity reports and 34 court judgments conducted between 2008 and 2015, it appears that the court is accepting the reports of the Copyright Commission to a great extent and is rejecting the conclusion only in exceptional cases. In this regard, the current appraisal system under the Copyright Act can be evaluated as successful to some extent. However, for more successful appraisal system, it is necessary to revitalize the joint appraisal of software experts and copyright law experts. It is necessary to clarify the criteria for the scope of protection of computer program works and to improve the similarity criterion.