In the process of writing software, refer to the "header file", it does not directly lead to the same software as the main content or substantive content of the software, which should be a reasonable use of the purpose, so it is still difficult to Whether the approach is in the case. An international IT giant Intel and a new company in China, the copyright dispute between the Dongjin technology, the new company, opened in the New Year, became the first battle of 2005 Chinese and foreign intellectual property. The focus of the lawsuit is a general reader is not familiar with something - the copyright issue of the header file. So what is the header file? Why is Intel's multinational giants that don't hesitate to make a small company in China's name in the name of a family member of China for the copyright issues of the United States.
In fact, the technicians who use the C language family development tools to develop software development, the header file (the file "of the suffix is .H) is more familiar. The header file is used as a class of files that contain functional interface declarations, which is used in a large number of C language family program development. In various C language development tools, the header file is used as a function interface, the data interface declared carrier file, where there is no program logic implementation code, which only plays a descriptive role, the purpose is to tell the application where to find the corresponding function The true logic implementation of the function. At the same time, different from the function library component is that the header file is generally presented in the form of the original code, where the code can be modified or adjusted by the user directly or adjusted. The library of various standard C language families will come randomly with the corresponding header files so that developers are used. The special C language development tools provided by some vendors will also provide a supported header file accordingly.
As shown in the figure above, typically in an application development system, the real logic implementation of the function is based on the hardware layer, which is done in the driver, functional layer program, and user's application. However, in order to ensure the connection of the application logic and functional layer logic, the C language development tool will give a description of each called function in the header file, so that the header file is invisible to the user application and the library. Bridges and ties. Although it does not contain the implementation code of the program, the status and role there is such that it is an indispensable component for system development with C language.
So some manufacturers have developed hardware and software drivers, function libraries with independent intellectual property rights, but in order to maintain compatibility with products in the market, so that the old product users can protect their original investment while upgrading. However, it is still necessary to maintain the corresponding function interface of the new product to the old product, which also leads to a similarity of the header file content of these function interface description information, and some users have to use old product manufacturers when they do secondary development. The header provided is provided.
This situation often occurs when a vendor's product has a monopoly position in the market. Because the header has become the actual interface standard of such products here, although there is no logic implementation code of the program.
So in order to comply with the "factual standard" interface descriptive document, that is, the header file (this situation is limited to the development of the C language family series development tool), whether it is in violation, currently there is controversy.
After consulting the legal person, I learned that as the object of copyright protection, "work" should have the corresponding integrity and independence, the computer software is the same. Given that "header file" is only a small component in a complete application, it is neither a separate software, nor has corresponding integrity and independence. The order in the "header file" can be adjusted at will, and "header file" itself does not include expression of software design ideas or design techniques.
The manufacturer's public "header" content, one hand may be to let customers refer to the "header" to write user programs, and on the other hand, because "header file" does not constitute the body part or substance of its software .
Therefore, "header file" itself does not constitute a "work" protected by copyright law. It is determined whether or not the infringement of the software copyright is constituted, and the overall comparison and consideration of program logic as software is needed. When a vendor's product has placed an absolute monopoly position in the market, the "header" naming rules (similar to private protocols or user interfaces) have changed to the factual standard for the industry. Since it is standard, it should meet the standards should have an openness and allow for reasonable use of compatibility (under the premise of not involving any patents), not only a consensus of the industry, but also a legal world. A consensus.
Afterwards, there has not been disclosed in my country. In the judicial practice of the United States, the scope of copyright protection has become a principle based on compatibility, and also pays more attention to the technical characteristics of computer software. For example, the US Second Tour Court proposes in its hearing Altai case, the compatibility requirements of the program are "external factors", which will restrict the free choice of programmers to write programs, thus limiting the scope of computer program being protected by copyright protection. In addition, in the Gatesrubber case, the US Second Tour Court also proposed that the program part of the software compatibility requirement should be excluded from the scope of copyright protection.
According to the provisions of the "Computer Software Protection Regulations", "" The idea, processing process, operational method or mathematical concept of the protection of software copyright, "," "header" is not the core content of software creativity or Substantial content, at the same time, not because of the reference header file, the development of the software will no longer have creativity, the development software does not have a significant reduction in workload.
In addition, according to the provisions of my country's "Computer Software Protection Ordinance", "software developers developed software, because of the limited software, the existing software is similar, the invasion of the copyright of the existing software is not constituted" .
As can be seen from the above discussion, referring to the "header file" during the process of writing software, does not directly lead to the same amount of software in the software, which should be a reasonable use behavior that is compatible with the purpose. Therefore, it is difficult to settle this practice.
