|The Distinction and Merger Between Expression and Idea and the Steps to Decide the Infringement of Computer Program An Analysis of the Supreme Court Criminal Judgment No. 94-Tai-Shang-Tze-1530, 2005|
|Whelan, Lotus, Altai, SSO, Structure-Sequence-Organization, Idea and Expression, Dissection-Filtering-Abstraction, Three-Part Test, Three-Pronged Test, Non-Literal Elements|
|The dichotomy and merger between idea and expression is highly related to the
judgment of the infringement of computer program. Shall the expression be limited
to literal element of work? Can the non-literal element of computer program possibly
be categorized as expression? If it is possible, then what is the criterion for
drawing such a distinction? Under what kind of circumstances, can the expression
be regarded as having been merged with idea? And what is the process to make
such a judgment of infringement?
In this regard Taiwan judicial decisions have submitted different opinions.
Based upon Supreme Court Criminal Judgment No. 94-Tai-Shang-Tze-1530, 2005,
this article analyze the criterion for the distinction between idea and expression,
and then analyze the contents of the three-step procedure by which judges in Altai
applied the principle of the dichotomy and merger between idea and expression to decide the infringement. Finally, in conclusion, this article makes some comments
on relevant mentioned above cases, serving as a reference for readers to have a