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Points of dispute of computer program works (Part 1)

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           I have widely and shallowly researched civil court’s decisions (decisions of infringement suits) about computer program works, as a task of Copyright Committee of the Japanese Patent Attorneys Association where I’m belonging.  Here, I will show secondary results of the task in several times.  Primary results of the task will be shown by the Japanese Patent Attorneys Association.  

              In this entry, I will show a result of a keywords analysis of the decisions about the computer program works. 

              Method of the analysis was comprised of a first step and a second step.  In the first step, plain text files of resent 80 decisions were prepared.  In the second step, I searched the keywords on the plain text files.  The second step was performed by using a personal computer (executing program with grep command-line).  The second step finished in a moment.  The performance of the personal computer is surprisingly high! 

              The result (a part of the result) of the analysis is shown in a table below.  Numeric in each cell shows number of keywords included in each of the decisions.  Each cell whose numeric is not less than 10, is marked with red.  The highest number was reached up to 160.  It can be understood that the highest number was appeared in “creativity” and the second highest number was appeared in “similarity”.  Further, I calculated a coefficient of correlation between the number of “creativity” and the number of “similarity”.  The number of “creativity” and the number of “similarity” were strongly correlated because the coefficient of correlation reached to 0.87. 

              According to the results, it can be said that:

  • the possibility that “creativity” and “similarity” will become a point of dispute is high,
  • the possibility that a combination of “creativity” and “similarity” will become the point of dispute is high,
                  in the infringement suits about the computer program works. 

              Now, I am about to close this entry.  And I will get further into contents of the decisions with focusing “creativity”, in the next entry. 


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