• Journal of Software Assessment and Valuation
• /
• v.16 no.1
• /
• pp.1-11
• /
• 2020

The March 29, 2016, amendment to the Civil Procedure Act introduced changes to the appraisal procedures, including new obligations for appraisers, changes in the modes of appraiser testimony, and questioning of appraisers through video conferencing, with all seemingly aimed at procedurally addressing the issues with appraisal in the context of court proceedings. The changes introduced by the amendment also affect the appraisal procedures for copyrights. In light of the above, this article examines how the amendment to the Civil Procedure Act affects the appraisal procedures for copyrights. Specific issues covered by this paper include: appointment of additional appraisers, prohibition of delegated appraisal, operation of the multiple appraisal system, disclosure of participating experts, proximity of the appraiser system, and congruence of areas of expertise.

• Journal of Software Assessment and Valuation
• /
• v.16 no.1
• /
• pp.37-44
• /
• 2020

The similarity of the software is extracted by the verification of comparing with the source code. The source code is the intellectual copyright of the developer written in the programming language. And the source code written in text format contains the contents of the developer's expertise and ideas. The verification for judging the illegal use of software copyright is performed by comparing the structure and contents of files with the source code of the original and the illegal copy. However, there is hard to do the one-to-one comparison in practice. Cause the suspected source code do not submitted Intentionally or unconsciously. It is now increasing practically. In this case, the comparative evaluation with execution code should be performed, and indirect methods such as reverse assembling method, reverse engineering technique, and sequence analysis of function execution are applied. In this paper, we analyzed the effectiveness of indirect comparison results by practical evaluation . It also proposes a method to utilize to the system and executable code files as a verification results.

• The Science & Technology
• /
• s.543
• /
• pp.73-77
• /
• 2014

지식재산권의 전문가를 들자면 단연 변리사다. 지식재산권의 두 축 가운데 하나인 산업재산권법 전반을 변리사가 다루기 때문이다. 변리사는 특허청 또는 법원에 대해 특허, 실용신안, 디자인 또는 상표에 관한 사항을 대리하고 그 사항에 관한 감정과 그 밖의 사무를 수행하는 전문가다. 나머지 한 축인 저작권 업무는 변호사들이 하지만, 변리사들의 적지 않은 수가 저작권을 선택하여 합격한 이들이다

• Proceedings of the Korea Information Processing Society Conference
• /
• 2004.05a
• /
• pp.641-644
• /
• 2004

본 논문에서는 각종 문화콘텐츠의 진위와 표절을 검출하는 방법론에 대해 제안하고자 한다. 이를 위해 기존의 문화콘텐츠에 대한 표절과 위작 감정이 어떤 방법으로 되어 왔는가에 대해 살펴보고 본 방법과의 비교,고찰을 행하고자 한다. 실험 대상은 우선적으로 미술품등에 대해 수행하였으며 이를 토대로 개발하고 있는 시스템이 표절 감정 및 위작 감정에 유용하게 도움을 줄수 있는 방법임을 밝히고자 한다. 끝으로 현재까지 실험이 수행된 부분에 대해 서 실험 결과를 제시하고자 한다.

• Journal of Software Assessment and Valuation
• /
• v.15 no.2
• /
• pp.51-57
• /
• 2019

On increasing illegal software copyright, the need for similarity analysis is now rising. The reliability of object material are becoming important when it's moving from developer to evaluation experts. Object material as a comparison data, is the important data to the evaluation expert which is delivered from agencies such as courts and police stations. The object material is submitted at first to the Copyright Commission and then delivered to the evaluation expert with safe. However, if the similarity result is not satisfied to the both side, they will claim to the reliability of the object material such as source code modification or revision etc. Software objects is produced in a file format and are recognized as being able to be modified. Therefore, the reliability to the object material is studied in various ways, and a forensic is proposed as one method. This study showed the suggestion to keep reliability of the object material through the actual evaluation cases.

• Journal of Software Assessment and Valuation
• /
• v.15 no.2
• /
• pp.25-33
• /
• 2019

In copyright dispute on software, appraisal procedure is needed, which is regarded as an implementation of the right to fast trial. Considering that, in practice, there has been a long discussion of attempting to operate the software appraisal as a summary procedure. This was done usually by reducing the resources devoted to the summary procedure, however, this way inevitably makes difference in a result obtained through the procedure. Therefore, this research reviewed the previous operation of summary procedure in software appraisal, focusing on intrinsic nature of the summary procedure and role of software appraisal in the trial process.

• Journal of Software Assessment and Valuation
• /
• v.16 no.2
• /
• pp.25-35
• /
• 2020

In the Korean litigation system, structural maldistribution of evidence still remains a conundrum. Numerous solutions have been discussed so far and, today, few people deny the need for adopting a system similar to the discovery procedure in the United States. In the intellectual property (IP) domain, a wide range of legislative attempts have been made to improve the litigation system, especially for patent litigation. However, the adoption of discovery in copyright litigation is seldom discussed, despite the fact that copyright infringement lawsuits increasingly involve highly technical issues, especially in case of copyrightable computer programs. The lack of discussion on discovery adoption forms a stark contrast with the active attempts to adapt and adopt discovery procedure for patent litigation. In copyright infringement lawsuits, especially for copyrighted computer programs, securing evidence takes on crucial importance. However, in reality, there are numerous obstacles. Some lawsuits proceed even without properly securing the infringed work. To address this issue, the current litigation system needs to be improved by adopting a procedure similar to discovery. This paper reviews what solutions are being utilized today, and how we should approach the issue.

• Journal of Software Assessment and Valuation
• /
• v.16 no.1
• /
• pp.13-19
• /
• 2020

It can be seen that the infringement of copyright cases is increasing as the society becomes more complex and advanced. During the software copyright dispute, there may be a dispute over whether the software is duplicated and made into upgraded software. In this paper, we intend to propose an analysis method for determining whether to upgrade software. For the software upgrade analysis, a software similarity analysis technique was used. The analysis program covers servers, management programs, and Raspberry PC programs. The first analysis confirms the correspondence between program creation information and content. In addition, it analyzes the similarity of functions and screen composition between the submitted program and the program installed in the field. The second comparative analysis compares and analyzes similarities by operating two programs in the same environment. As a result of comparative analysis, it was confirmed that the operation and configuration screens of the two programs were identical. Thus, minor differences were found in a few files, but it was confirmed that the two programs were mostly made using the same or almost similar source code. Therefore, this program can be judged as an upgrade program.

• Proceedings of the Korea Information Processing Society Conference
• /
• 2008.05a
• /
• pp.485-488
• /
• 2008

디지털 시대의 도래와 함께 국내외적으로 SW 및 디지털 콘텐츠로 확대되고 있는 표절과 불법복제 문제의 심각성은 날로 더해가고 있으며, 이에 따른 사회 경제적인 폐해 규모도 급격히 증가하고 있다. 따라서 SW표절과 불법복제로부터 저작권 보호를 위한 적극적 대응 방안으로 SW복제도 감정에 적합하고 유용한 SW시스템 개발의 필요성을 인식하게 되었다. 본 논문에서는 SW복제도 감정, 즉 두 프로그램 사이의 동일 유사성 정도를 판단하기 위해 제안된 유사성 탐지도구의 핵심 설계구조 및 기반 기술 등 전반적인 구현 메커니즘에 관하여 논한다.

• Journal of Software Assessment and Valuation
• /
• v.15 no.2
• /
• pp.9-16
• /
• 2019

More than 25% of software copyright evaluations commissioned to the Korea Copyright Commission are software completeness-defective evaluations. Most of the existing software completeness-defective evaluation cases were made to ensure that the requirements contained in the contract or customer's desired requirements were implemented and able to run, limited to the functionality of the software. This paper proposes a more systematic and reasonable maturity-correction technique to meet software completeness definitions. The ISO / IEC 9241.10 standard is a design standard for improving software quality. The ISO / IEC 9241.10 standard specifies seven items that must be complied with and requires functional integrity for work and operational integrity for work efficiency. The software completeness-defective methodology presented in this paper complements the existing function's implementation-functioning methodology with completeness evaluation on the quality of software.