yet distinctively Eastern copyright law, Taiwan provides for protection against the unauthorized use of software by formulating what is essentially an exclusive right to authorize use.113
Under the Taiwanese Copyright Law, if a party knowingly uses a reproduced item that has infringed computer software copyright for direct commercial purposes, such behavior is considered to be copyright infringement.114 In proving end-user liability in Taiwan, a claimant must either prove knowledge by the defendant in that the defendant must know the software being used is pirated software, or that the purpose of the use is for direct commercial gain.115 The implementation of an additional exclusive right is similar to the copyright law of Japan; however, a significant difference is that the Taiwanese law does not require that the software be used exclusively for business. Unlike the Japanese copyright law that limits the protection of the additional right to software used without authorization in the conduct of business, the Taiwanese copyright law requires that there be evidence of intentional use absent an authorization, or that the software was used for a direct commercial gain.
yet distinctively Eastern copyright law, Taiwan provides for protection against the unauthorized use of software by formulating what is essentially an exclusive right to authorize use.113Under the Taiwanese Copyright Law, if a party knowingly uses a reproduced item that has infringed computer software copyright for direct commercial purposes, such behavior is considered to be copyright infringement.114 In proving end-user liability in Taiwan, a claimant must either prove knowledge by the defendant in that the defendant must know the software being used is pirated software, or that the purpose of the use is for direct commercial gain.115 The implementation of an additional exclusive right is similar to the copyright law of Japan; however, a significant difference is that the Taiwanese law does not require that the software be used exclusively for business. Unlike the Japanese copyright law that limits the protection of the additional right to software used without authorization in the conduct of business, the Taiwanese copyright law requires that there be evidence of intentional use absent an authorization, or that the software was used for a direct commercial gain.
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