In the trial of the case of software copyright infringement, how to determine the amount of damages in the event that the software involved in the case has been taken off the market? Will it affect the determination of the infringement and the amount of compensation if the infringer purchases the upgrade version of the software involved in the case after the litigation procedure begins? The following restatement of the Case will discuss such issues.

　　Part 1. Brief Introduction to the Case of the First Instance

　　The Plaintiff alleged: The Plaintiff is the copyright holder of the software involved in the Case. One day in 2008, the Copyright Bureau of Z Province inspected the Defendant''s business place and found 2 computers in which each installed one software involved in the Case. The Defendant''s copy and commercial use of the software of which the Plaintiff holds copyright without the Plaintiff''s authorization infringe upon the legitimate rights and interests of the Plaintiff. The Plaintiff requests the Court to decree that the Defendant should （1） immediately cease the infringement; （2） compensate the Plaintiff for the losses; （3） be given a civil sanction; and （4） bear the litigation costs of the Case.

　　The Defendant argued: The Defendant bought a software involved in the Case in 2003[1], and it was not used for the change of the business scope of the Defendant''s company. The Defendant bought the upgrade version of the above-mentioned software during the trial of this Case whose price is much lower than the Plaintiff''s claims. Even if the Defendant''s activities constitute infringement, the liability for damages should be limited to the price of the upgrade version the software of that the Defendant bought. The Defendant requests the Court to overrule all the Plaintiff''s claims.