• Journal of Software Assessment and Valuation
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• v.16 no.1
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• pp.1-11
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• 2020

The March 29, 2016, amendment to the Civil Procedure Act introduced changes to the appraisal procedures, including new obligations for appraisers, changes in the modes of appraiser testimony, and questioning of appraisers through video conferencing, with all seemingly aimed at procedurally addressing the issues with appraisal in the context of court proceedings. The changes introduced by the amendment also affect the appraisal procedures for copyrights. In light of the above, this article examines how the amendment to the Civil Procedure Act affects the appraisal procedures for copyrights. Specific issues covered by this paper include: appointment of additional appraisers, prohibition of delegated appraisal, operation of the multiple appraisal system, disclosure of participating experts, proximity of the appraiser system, and congruence of areas of expertise.

• Journal of Software Assessment and Valuation
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• v.15 no.2
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• pp.25-33
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• 2019

In copyright dispute on software, appraisal procedure is needed, which is regarded as an implementation of the right to fast trial. Considering that, in practice, there has been a long discussion of attempting to operate the software appraisal as a summary procedure. This was done usually by reducing the resources devoted to the summary procedure, however, this way inevitably makes difference in a result obtained through the procedure. Therefore, this research reviewed the previous operation of summary procedure in software appraisal, focusing on intrinsic nature of the summary procedure and role of software appraisal in the trial process.

• Journal of Software Assessment and Valuation
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• v.17 no.2
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• pp.11-17
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• 2021

In this study, problems of software completeness appraisal are pointed out and their solutions are presented by analyzing appraisal cases and judicial precedents. Completeness appraisal, ready-made appraisal, defect appraisal, and cost appraisal have been classified as and have been evaluated with extant software completeness appraisals. From a legal point of view, and in judicial precedents, however, there is a big difference between the definition of completeness and the completion rate. This is because the degree of completeness is evaluated under the premise that the software's development is complete, whereas the ready-made appraisal inspects the development progress of unfinished software. Often, in cases involving software completion rate, the total completion level is calculated by weighting each step of the software development process. However, completeness evaluations use the software's realization-operation as its sole criterion. In addition, another issue not addressed in existing software completeness appraisal cases is that there is no mention of who is responsible for software defects, whereas in case law, the responsible party is determined by finding who caused the dispute. In this paper, we systematically classify these problems, and present a novel evaluation method that separates software completeness evaluations from software completion evaluations.

• Journal of Software Assessment and Valuation
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• v.16 no.1
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• pp.13-19
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• 2020

It can be seen that the infringement of copyright cases is increasing as the society becomes more complex and advanced. During the software copyright dispute, there may be a dispute over whether the software is duplicated and made into upgraded software. In this paper, we intend to propose an analysis method for determining whether to upgrade software. For the software upgrade analysis, a software similarity analysis technique was used. The analysis program covers servers, management programs, and Raspberry PC programs. The first analysis confirms the correspondence between program creation information and content. In addition, it analyzes the similarity of functions and screen composition between the submitted program and the program installed in the field. The second comparative analysis compares and analyzes similarities by operating two programs in the same environment. As a result of comparative analysis, it was confirmed that the operation and configuration screens of the two programs were identical. Thus, minor differences were found in a few files, but it was confirmed that the two programs were mostly made using the same or almost similar source code. Therefore, this program can be judged as an upgrade program.

• Journal of Software Assessment and Valuation
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• v.16 no.2
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• pp.37-44
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• 2020

As the information society develops, various cases of copyright infringement have occurred. In many disputes between companies, software similarity appraisal is dominated. This thesis is a study on the method of calculating the similarity of the standards subject to appraisal. In other words, it is a study to calculate the amount of revision and addition of the specification to be assessed. The analysis method compares the table of contents of both specifications and finds the same or similar part. The similarity weight is determined according to the degree of similarity. Weights identify and assign the degree of similarity between the expert's expertise and the specification. If it is completely newly added, the similarity weight is 1, if it is partially modified, the similarity weight is 0.4, and if it is almost the same as before, it is calculated by giving a weight of 0.05. Through this paper, it was found that the result of calculating the similarity to the specification is 21.2 pages.

• Journal of Software Assessment and Valuation
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• v.17 no.1
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• pp.11-16
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• 2021

The importance of software is increasing due to the development of information and communication, and software copyright disputes are also increasing. In this paper, the source of the submitted programs and the files necessary for the execution of the program were taken as the scope of analysis. The large-capacity file transfer solution program to be analyzed provides additional functions such as confidentiality, integrity, user authentication, and non-repudiation functions through digital signature and encryption of data.In this paper, we analyze the program A, program B, and the program C. In order to calculate the program similarity rate, the following contents are analyzed. Analyze the similarity of the package structure, package name, source file name in each package, variable name in source file, function name, function implementation source code, and product environment variable information. It also calculates the overall similarity rate of the program. In order to check the degree of agreement between the package structure and the package name, the similarity was determined by comparing the folder structure. It also analyzes the extent to which the package structure and package name match and the extent to which the source file (class) name within each package matches.