"The proper handling of this case by the Supreme People's Court has reasonably defined the boundaries of the rights of secondary developers of open source licensed software such as GPLv2 (Open Source Agreement - Reporter's Note), setting a benchmark for China's ongoing construction of an open source community with Chinese characteristics. It is an important milestone in China's software development industry and of great significance." On November 22, 2023, Liu Jiming, the General Manager of a certain Suzhou Network Technology Co., Ltd., visited the Intellectual Property Court of the Supreme People's Court and presented a banner and the above thank-you letter (excerpt) to the collegiate team. "Your judgment has boosted the confidence of software development enterprises. I truly feel in myself that the people's court is' striving to make the people feel fairness and justice in every judicial case '." Liu Jiming held the judge's hand and expressed his gratitude excitedly. Who leaked the research and development secrets? Suzhou Network Technology Co., Ltd. is a national key high-tech enterprise. Since 2009, the company has invested approximately 25.89 million yuan in research and development funds to complete a gateway product system software called "OfficeTen". In 2013, it obtained the copyright registration certificate of "OfficeTen1800 System Software (V1.8)" from the National Copyright Administration. The software is mainly aimed at large domestic communication operators such as China Mobile and China Telecom, and has broad market prospects. Until one day, they discovered that fake Li Kui had appeared in the market. In January 2016, a network technology limited company in Suzhou purchased an enterprise gateway produced by a communication technology limited company in Zhejiang from a distributor. After comparison, it was found that there was a special mark in the software source code of a network technology limited company in Suzhou in the software running results of the device, and there were other similar indicators in the running results of the two software. Who leaked the research and development secrets? An in-depth investigation by a network technology Co., Ltd. in Suzhou found that a communication technology Co., Ltd. in Zhejiang had contact with Liu and Wu after they resigned from a network technology Co., Ltd. in Suzhou and hired them as their employees. Liu and Wu were former employees of a network technology company in Suzhou, where they worked as hardware engineers and embedded engineers respectively. During their tenure, both individuals were important members of the software development project team involved in the case and were able to have normal access to the technical information involved in the software development. An in-depth investigation by a network technology company in Suzhou found that a communication technology company in Zhejiang indirectly established an affiliated network company as a "firewall". Liu and Wu were nominally hired by the affiliated network company and essentially directly developed gateway software for a communication technology company in Zhejiang. They illegally logged into the server of a network technology limited company in Suzhou and downloaded the source code of the involved software, allowing the affiliated network company to complete the accused software highly similar to the involved software within a few months; The accused software is an embedded software specifically used for gateway products produced by a communication technology Co., Ltd. in Zhejiang. A communication technology Co., Ltd. in Zhejiang publicly sells corresponding gateway products in the market and directly competes with a network technology Co., Ltd. in various bidding processes, seizing the original position of Suzhou
Edit：Jia jia Responsible editor：Wang Chen
Source：http://rmfyb.chinacourt.org
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