Due to the fact that ENG format file of JDP Software of Company A does not equal to the software referred in Regulations for the Protection of Computer Software. Therefore, Company A does not enjoy the right of publication of ENG format file. The acts that Company B developed software which can read ENG format file do not constitute the infringement to the right of publication of Company A’s software.

　　Above all, the Court of the second instance sentenced: reject the appeal and sustain the original judgement.

　　2.　 Case Review

　　Texts and font files (WORD、RTF、EPS，etc.), multi-media files (MID、MPEG、AVI, etc.), graphics files (BMP、GIF、JPG、PSD，etc.), compression algorithm files (ZIP、RAR、TAR，etc.) are different file formats outputted by various application software. Some software publishes its format standard hoping more software of third parties to be compatible with them (for example: PDF format of Adobe Company); some software never publishes its format standard from the beginning to the end (for example: iTunes of Apple). According to the case we reviewed above, we hold that the software vendors have their own discretion of whether to publish the file format standards which are independently developed by them, meanwhile, we also agree with the Court’s opinion that format file of software do not equal to the software defined by Regulations for the Protection of Computer Software; then, how to legally protect file format deserves our research and study.

　　(1)　 Whether file format of software is protected by Copyright Law of the People''''s Republic of China

　　Although software file format does not equal to the software defined by the Regulations for the Protection of Computer Software, if the file format system is the intelligent fruit of the developer expressed in the form of material (for example, technical documentation), in our view, it shall be protected by the Copyright Law, provided, however, this kind of normal copyright protection is not the legal protection mode that the software providers pursue.