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A Critical Review on the Use of Threshold Value in Calculating Similarity for Determining Copyright Infringement

  • Journal of Software Assessment and Valuation
  • Abbr : JSAV
  • 2023, 19(1), pp.1-10
  • DOI : 10.29056/jsav.2023.3.01
  • Publisher : Korea Software Assessment and Valuation Society
  • Research Area : Engineering > Computer Science
  • Received : February 6, 2023
  • Accepted : March 20, 2023
  • Published : March 31, 2023

Kim, Si Yeol 1

1(재)한국지식재산연구원

Accredited

ABSTRACT

Quantitative similarity is widely used in copyright infringement lawsuits of computer programs. There are several procedures in the process of calculating quantitative similarity. Among them, the procedure for applying the criteria for similarity calculation by setting a threshold value is important in that it directly affects the results of quantitative similarity calculation. If it is overlooked, the calculated similarity may be distorted to the extent that it is inappropriate to be used as a basis for determining the actual substantial similarity, so it should be handled carefully. Although the method of threshold value setting is widely used in practice, little discussion has been made on the threshold value. However, the procedure for using threshold value reveals several problems while quantitatively presenting standards of similarity and playing a role in limiting the subject of protection under copyright law. In this study, the problems were regarded as the essential problems of similar judgment, difficulty in distinguishing expressions, and practical limitations, and it looked at ways to improve these problems.

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