• Title/Summary/Keyword: SW copyright precedent

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A Study on the Need for Separation of Software Completeness Appraisal and Software Ready-made Appraisal (소프트웨어 완성도 감정과 기성고 감정 분리 필요성에 대한 고찰)

  • Kim, DoWan
    • Journal of Software Assessment and Valuation
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    • v.17 no.2
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    • pp.11-17
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    • 2021
  • In this study, problems of software completeness appraisal are pointed out and their solutions are presented by analyzing appraisal cases and judicial precedents. Completeness appraisal, ready-made appraisal, defect appraisal, and cost appraisal have been classified as and have been evaluated with extant software completeness appraisals. From a legal point of view, and in judicial precedents, however, there is a big difference between the definition of completeness and the completion rate. This is because the degree of completeness is evaluated under the premise that the software's development is complete, whereas the ready-made appraisal inspects the development progress of unfinished software. Often, in cases involving software completion rate, the total completion level is calculated by weighting each step of the software development process. However, completeness evaluations use the software's realization-operation as its sole criterion. In addition, another issue not addressed in existing software completeness appraisal cases is that there is no mention of who is responsible for software defects, whereas in case law, the responsible party is determined by finding who caused the dispute. In this paper, we systematically classify these problems, and present a novel evaluation method that separates software completeness evaluations from software completion evaluations.