Defendant argued: The NCS Software developed by Company B is totally different from the JDP Software of Company A in the respects of interface, function settings, applicable environment, etc. It is true that NCS Software can read the ENG format data file outputted by JDP Software, provided, however, the acts of Company B do not constitute infringement for the reason that ENG data file and the ENG format it uses do not belong to the protection scope of computer software copyright. Company B requests the Court to reject Company A’s claims.

　　Upon hearing the Case, the Court of first instance verified that Company A is the copyright owner of JDP Software. ENG file outputted by JDP Software is data file in the format of ENG. NCS Software of Company B can read the ENG file outputted by JDP Software, i.e. the data file outputted by NCS Software is compatible with the ENG file outputted by JDP Software.

　　The focus point of disputes on this case:　(i) Whether the ENG format data file outputted by JDP Software with encryption measures belongs to the protection scope of computer software copyright; (ii) Whether the conducts that Company B develops software which compats the ENG format file outputted by JDP Software of Company A constitutes software copyright infringement to the Plaintiff.

　　The Court of the first instance held that according to Copyright Law and Regulations for the Protection of Computer Software, the protection scope of computer software copyright is software program and documentation. The source program, target program and relevant documentation of JDP Software of Company A are protected by laws. ENG file outputted by JDP Software is data file. The outputted format file that ENG file uses is the outcome that the JDP Software’s target program runs on the computer, which is not coded command sequence or symbolized command sequence or symbolized statement sequence itself and cannot be run and executed by computers.Moreover, ENG file is the outcome that JDP Software runs on the processing program computer rather than its inherent part. It is the outcome after the user input processing information and these data do not belong to the copyright owner of JDP Software. Therefore, the data and file format contained in the ENG format data file do not belong to the composing part of JDP Software program of Company A, which do not belong to the protection scope of computer software copyright.