In a word, the Court of the second instance dismissed the appeal and affirmed the original judgment.

　　Part 3. The Restatement of the Key Points of the Trial

　　1. If the software involved in the Case has been taken off the market, how to determine the damages?

　　In general, the damages of the copyright holder of the software may be equal to the market price of the software normally licensed or sold. Since the software involved in the Case has been off the market, the damages determined directly according to the market price at the same period of the software involved in the Case or the current market price of the upgrade software cannot accurately reflect the actual losses of the right holder. The judges of the Case reduced the market price at the same period of the software infringed so as to determine the compensation amount, comprehensively taking into consideration the market price at the same period of the software, the current market price at which the related software was bought, the nature of the infringement, the general rule of selling commercial software and etc.

　　2. Will it affect the determination of the infringement and the damages if the infringer buys the upgrade version of the software involved in the case after the litigation procedure begins?

　　It is the subsequent remedy that the infringer buys the upgrade version of the software involved in the case after the litigation procedure begins, which does not affect the determination of the infringement. Whether it would affect the compensation amount, it should, in our opinion, be treated distinctively according to the following conditions:

　　Suppose that: R1, R2 and R3 are all the software of the right holder, and R2 and R3 are upgrade versions of R1.

　　Condition 1: In the event that the infringer uses R2 without permission after he/it buys R1 and he/it buys the upgrade service and gets the authorization of R3 after the litigation procedure begins;