Newsletter
DOES ON-SCREEN DISPLAY OF COPYRIGHT STATEMENT IN PIRATED SOFTWARE CONSTI-TUTE ORGERY BY SELLER?
When an unauthorized copy of games software published by a Japanese company which is not protected by the ROC Copyright Law is run on a computer, and text appears on screen indicating that the software has been manufactured under license, does such text qualify as a document within the meaning of Article 220 of the Crimi-nal Code, and does a person who sells an optical disk bearing the pirated software commit the offense of using a false instrument? Various courts have taken different views on this point. But the Public Prosecutor's Office of the Taiwan High Court, and the Ministry of Justice, both consider that no such offense is committed. They take the view that an unauthorized copy of a games software disk is generally cheaper than an authorized copy, and both the buyer and seller are aware that it is an unauthorized copy. At the time of the transaction, the seller simply transfers the unauthorized disk to the purchaser, and makes no assertion to the purchaser about a document indicating copyright status. Thus the seller has no intention to use the document in-dicating copyright status, and therefore does not commit the offense of using a false instrument.