CN115577328B - Software infringement evidence obtaining method, system, equipment and medium - Google Patents
Software infringement evidence obtaining method, system, equipment and medium Download PDFInfo
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- CN115577328B CN115577328B CN202211307457.8A CN202211307457A CN115577328B CN 115577328 B CN115577328 B CN 115577328B CN 202211307457 A CN202211307457 A CN 202211307457A CN 115577328 B CN115577328 B CN 115577328B
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- 238000000034 method Methods 0.000 title claims abstract description 44
- 238000012856 packing Methods 0.000 claims abstract description 7
- 238000004590 computer program Methods 0.000 claims description 15
- 238000010276 construction Methods 0.000 claims description 3
- 238000004806 packaging method and process Methods 0.000 claims description 2
- 238000012423 maintenance Methods 0.000 abstract 1
- 238000010586 diagram Methods 0.000 description 8
- 230000008569 process Effects 0.000 description 8
- 238000012545 processing Methods 0.000 description 7
- 238000004891 communication Methods 0.000 description 6
- 238000012800 visualization Methods 0.000 description 5
- 230000006870 function Effects 0.000 description 4
- 238000005516 engineering process Methods 0.000 description 3
- 230000003287 optical effect Effects 0.000 description 2
- 230000000007 visual effect Effects 0.000 description 2
- 238000003491 array Methods 0.000 description 1
- 230000001174 ascending effect Effects 0.000 description 1
- 230000006399 behavior Effects 0.000 description 1
- 230000005540 biological transmission Effects 0.000 description 1
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- 238000004519 manufacturing process Methods 0.000 description 1
- 238000012986 modification Methods 0.000 description 1
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Classifications
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- G—PHYSICS
- G06—COMPUTING; CALCULATING OR COUNTING
- G06F—ELECTRIC DIGITAL DATA PROCESSING
- G06F21/00—Security arrangements for protecting computers, components thereof, programs or data against unauthorised activity
- G06F21/10—Protecting distributed programs or content, e.g. vending or licensing of copyrighted material ; Digital rights management [DRM]
- G06F21/12—Protecting executable software
- G06F21/121—Restricting unauthorised execution of programs
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- G—PHYSICS
- G06—COMPUTING; CALCULATING OR COUNTING
- G06F—ELECTRIC DIGITAL DATA PROCESSING
- G06F21/00—Security arrangements for protecting computers, components thereof, programs or data against unauthorised activity
- G06F21/10—Protecting distributed programs or content, e.g. vending or licensing of copyrighted material ; Digital rights management [DRM]
- G06F21/12—Protecting executable software
- G06F21/121—Restricting unauthorised execution of programs
- G06F21/125—Restricting unauthorised execution of programs by manipulating the program code, e.g. source code, compiled code, interpreted code, machine code
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- Y—GENERAL TAGGING OF NEW TECHNOLOGICAL DEVELOPMENTS; GENERAL TAGGING OF CROSS-SECTIONAL TECHNOLOGIES SPANNING OVER SEVERAL SECTIONS OF THE IPC; TECHNICAL SUBJECTS COVERED BY FORMER USPC CROSS-REFERENCE ART COLLECTIONS [XRACs] AND DIGESTS
- Y02—TECHNOLOGIES OR APPLICATIONS FOR MITIGATION OR ADAPTATION AGAINST CLIMATE CHANGE
- Y02D—CLIMATE CHANGE MITIGATION TECHNOLOGIES IN INFORMATION AND COMMUNICATION TECHNOLOGIES [ICT], I.E. INFORMATION AND COMMUNICATION TECHNOLOGIES AIMING AT THE REDUCTION OF THEIR OWN ENERGY USE
- Y02D10/00—Energy efficient computing, e.g. low power processors, power management or thermal management
Abstract
The invention discloses a software infringement evidence obtaining method, a system, equipment and a medium, wherein the method comprises the following steps: acquiring file information corresponding to the entitlement software, and constructing a file list; judging whether a target file corresponding to target software exists or not based on the file list and an access website of a target server to be subjected to evidence obtaining; if the target file exists, downloading the target file and comparing the target file with the file corresponding to the entitlement software; and packing and storing the file corresponding to the entitlement software, the downloaded target file and the comparison result log. The invention can obtain evidence according to the comparison result of the right software and the target software, improves the efficiency of online evidence obtaining such as computer software infringement and the like, and ensures that the administrative law enforcement and judicial right maintenance cost in the field of computer software intellectual property protection is lower and more convenient.
Description
Technical Field
The invention relates to the field of computer software infringement evidence obtaining, in particular to a software infringement evidence obtaining method, a system, equipment and a medium.
Background
With the rapid development of intellectual property economy, the content of intellectual property rights in various fields is improved year by year, the number of intellectual property rights disputes caused by infringement also presents an ascending trend, computer software infringement is a relatively common and more concealed intellectual property right infringement behavior, and in the process of checking the computer software infringement, an extremely important step is the identification of infringement facts, and the computer software infringement evidence obtaining is an important ring.
For the existing evidence obtaining technology of computer software infringement, there are mainly two modes: firstly, the partial infringement source code file is saved through a notarization or screen recording process, and secondly, the partial infringement source code file is fixed through webpage evidence obtaining. The existing evidence obtaining technology not only needs manual operation of professional technicians, is high in evidence obtaining cost and low in efficiency, but also cannot rapidly verify and fix the paths, names, contents and the like of source code files of infringement software through analyzing all source code files of entitlement software, and further cannot intuitively prove that infringement software is substantially similar to entitlement software. In the prior art, whether all files of the right software exist in the infringing software cannot be verified one by one, and the fixed evidence results are scattered and abstract, so that people's court needs to spend a large amount of time to survey and compare evidence of the source code files for evidence obtaining in the judicial examination process, the examination efficiency is low, and a large amount of judicial resources are wasted.
Disclosure of Invention
In view of the shortcomings of the prior art, the invention provides a software infringement evidence obtaining method, a system, equipment and a medium, which are used for solving the problems of incomplete evidence obtaining of computer software infringement, low evidence obtaining efficiency and complex evidence obtaining process.
In a first aspect, a software infringement evidence obtaining method is provided, including:
acquiring file information corresponding to the entitlement software, and constructing a file list;
judging whether a target file corresponding to target software exists or not based on the file list and an access website of a target server to be subjected to evidence obtaining;
if the target file exists, downloading the target file and comparing the target file with the file corresponding to the entitlement software;
and packing and storing the file corresponding to the entitlement software, the downloaded target file and the comparison result log.
Further, the file list is obtained by the following method:
traversing the compressed package of the entitlement software, obtaining the name and the path of each file, extracting the attribute information of each file, and constructing a file list containing the name, the path and the attribute information of the file.
Further, the determining whether the target file corresponding to the target software exists based on the file list and the access website of the target server to be obtained comprises:
acquiring an access website of a target server to be subjected to evidence obtaining, and splicing the access website with a file list to obtain a target link list;
requesting links in the target link list, and judging whether target files corresponding to target software exist according to a request result.
Further, the method further comprises the following steps: and recording the result of comparing the target file with the file corresponding to the entitlement software by using the characters and the machine language.
Further, the comparison mode of the target file and the file corresponding to the entitlement software at least comprises one of MD5 value, hash value, file size and file content.
Further, after the files corresponding to the entitlement software, the downloaded target files and the comparison result log are packaged, the hash value of the compressed package generated by the packaging is extracted and uploaded to the blockchain.
Further, the method further comprises the step of displaying the comparison result to a result page and sharing the comparison result through links and/or two-dimensional codes.
In a second aspect, a software infringement evidence collection system is provided, comprising:
the file list construction module is used for acquiring file information corresponding to the entitlement software and constructing a file list;
the target file identification module is used for judging whether a target file corresponding to target software exists or not based on the file list and the access website of the target server to be subjected to evidence obtaining;
the comparison module is used for downloading the target file and comparing the target file with the file corresponding to the entitlement software when the target file exists;
and the certification module is used for packing and storing the files corresponding to the entitlement software, the downloaded target files and the comparison result log.
In a third aspect, there is provided an electronic terminal comprising a memory, a processor, and a computer program stored on the memory and callable by the processor, which when executed by the processor, implements the steps of the software infringement evidence method as described above.
In a fourth aspect, a computer readable storage medium is provided, storing a computer program which, when executed by a processor, implements the steps of a software infringement evidence method as described above.
Advantageous effects
The invention provides a software infringement evidence obtaining method, a system, equipment and a medium. The invention can obtain evidence according to the comparison result of the entitlement software and the target software, and improves the efficiency of online evidence obtaining such as computer software infringement and the like. The invention can solve the problems of incomplete evidence obtaining of computer software infringement, low evidence obtaining efficiency, complex evidence obtaining process, low judicial examination efficiency, incapability of intuitively judging whether infringement is established or not and the like, greatly reduces the evidence obtaining cost, improves the availability of evidence, enables the visualization of computer software infringement litigation, further can improve judicial efficiency, saves judicial resources and promotes the protection of intellectual property rights in the field of computer software.
Drawings
In order to more clearly illustrate the embodiments of the invention or the technical solutions in the prior art, the drawings that are required in the embodiments or the description of the prior art will be briefly described, it being obvious that the drawings in the following description are only some embodiments of the invention, and that other drawings may be obtained according to these drawings without inventive effort for a person skilled in the art.
FIG. 1 is a flowchart of a software infringement evidence obtaining method provided by an embodiment of the invention;
FIG. 2 is a schematic diagram of a comparison result of a part of a file according to an embodiment of the present invention;
FIG. 3 is a schematic diagram of a visual results page provided by an embodiment of the present invention.
Detailed Description
In order to make the objects, technical solutions and advantages of the present invention more apparent, the technical solutions of the present invention will be described in detail below. It will be apparent that the described embodiments are only some, but not all, embodiments of the invention. All other embodiments, based on the examples herein, which are within the scope of the invention as defined by the claims, will be within the scope of the invention as defined by the claims.
Example 1
As shown in fig. 1, the present embodiment provides a software infringement evidence obtaining method, which relates to the field of computer software evidence obtaining, especially the field of server side software evidence obtaining, wherein the software includes but is not limited to websites, APPs, applets, online games, various management systems and the like, and the specific steps include:
s1: and acquiring file information corresponding to the entitlement software, and constructing a file list.
Specifically, traversing the compressed package of the entitlement software, obtaining the name and path of each file, extracting the attribute information of each file, and constructing a file list containing the name, path and attribute information of the file. Wherein the attribute information of the file includes, but is not limited to, one or more of MD5 value, hash value, file size.
S2: and judging whether the target file corresponding to the target software exists or not based on the file list and the access website of the target server to be obtained. The method specifically comprises the following steps:
s21: acquiring an access website of a target server to be subjected to evidence obtaining, and splicing the access website with a file list to obtain a target link list;
s22: and requesting links in the target link list, specifically, requesting a path corresponding to target software, and judging whether a target file corresponding to the target software exists or not according to a request result.
S3: if the target file exists, downloading the target file, comparing the target file with the file corresponding to the entitlement software, and continuously requesting the rest links in the target link list; if the target file does not exist, continuing to request the rest links in the target link list; and repeating the steps S2 and S3 until all links in the target link list are requested, and recording the result of judging whether the target file exists or not and comparing the target file with the file corresponding to the entitlement software by using the characters and the machine language.
In this embodiment, the mode of comparing the target file with the file corresponding to the entitlement software is selected by comparing the MD5 value of the file, and the file path and the file name are compared. An example of simulated evidence is given below.
The entitlement software metainfo 7.6.Zip detects 520 directory paths and 2237 total files. The access website of the target server is http:// demo.meta.cn, the total 511 directory paths are identical to the entitlement software, the total number of files identical to the entitlement software file name is 2203, and the number of files identical to the entitlement software MD5 value is 1247. As shown in fig. 2, the comparison result of the partial files is shown.
S4: and packing and storing the file corresponding to the entitlement software, the downloaded target file and the comparison result log.
When the method is implemented, after the files corresponding to the entitlement software, the downloaded target files and the comparison result logs are packaged, the packaged compressed package can be selectively stored in a storage medium, wherein the storage medium comprises, but is not limited to, a disk memory, a CD-ROM, an optical memory and the like.
Of course, the method can be combined with the blockchain technology, the hash value of the packed compressed packet is extracted and uploaded to the blockchain, and therefore the data can be prevented from being tampered. In view of cost saving, it is optional to upload to an open alliance chain, such as an ant alliance blockchain.
S5: and displaying the comparison result visualization to a result page, so that the computer software infringement evidence obtaining result visualization can be shared through links and/or two-dimensional codes. As shown in fig. 3, a visual results page is schematically shown.
According to the software infringement evidence obtaining method provided by the embodiment, evidence can be obtained according to the comparison result of the entitlement software and the target software, all source code files of the entitlement software can be analyzed without manual operation of professional technicians, the paths, names, contents and the like of the source code files of the infringement software are fixed, the substantive similarity of the infringement software such as the entitlement software can be intuitively proved, and the on-line evidence obtaining efficiency of computer software infringement and the like is improved. The invention can solve the problems of incomplete evidence obtaining of computer software infringement, low evidence obtaining efficiency, complex evidence obtaining process, low judicial examination efficiency, incapability of intuitively judging whether infringement is established or not and the like, greatly reduces the evidence obtaining cost, improves the availability of evidence, enables the visualization of computer software infringement litigation, further can improve judicial efficiency, saves judicial resources and promotes the protection of intellectual property rights in the field of computer software.
Example 2
The difference between the software infringement evidence obtaining method provided in the embodiment and the software infringement evidence obtaining method provided in the embodiment is that the comparison mode of the target file and the file corresponding to the right software is selected by comparing the hash value of the file, and other processes are the same as those in embodiment 1 and are not repeated here.
It should be noted that, in other embodiments, the comparison method may also select a manner of comparing the file sizes or file contents, or select multiple types of MD5 values, hash values, file sizes, and file contents for combined comparison.
Example 3
The embodiment provides a software infringement evidence obtaining system, which comprises:
the file list construction module is used for acquiring file information corresponding to the entitlement software and constructing a file list;
the target file identification module is used for judging whether a target file corresponding to target software exists or not based on the file list and the access website of the target server to be subjected to evidence obtaining;
the comparison module is used for downloading the target file and comparing the target file with the file corresponding to the entitlement software when the target file exists;
and the certification module is used for packing and storing the files corresponding to the entitlement software, the downloaded target files and the comparison result log.
As a preferred embodiment of the invention, the system further comprises a visualization module for visualizing the comparison result to the result page.
It should be understood that the functional unit modules in this embodiment may be centralized in one processing unit, or each unit module may exist alone physically, or two or more unit modules may be integrated into one unit module, and may be implemented in hardware or software.
Example 4
The present embodiment provides an electronic terminal including a memory, a processor, and a computer program stored on the memory and callable by the processor, which when executed by the processor, implements the steps of the software infringement evidence obtaining method as described in embodiment 1 or embodiment 2.
The electronic terminal further includes: and the communication interface is used for communicating with external equipment and carrying out data interaction transmission.
The memory may comprise high-speed RAM memory, and may also include a non-volatile defibrillator, such as at least one disk memory.
If the memory, processor, and communication interface are implemented independently, the memory, processor, and communication interface may be interconnected and communicate with each other via a bus. The bus may be an industry standard architecture bus, an external device interconnect bus, or an extended industry standard architecture bus, among others. The buses may be classified as address buses, data buses, control buses, etc.
Alternatively, in a specific implementation, if the memory, the processor, and the communication interface are integrated on a chip, the memory, the processor, or the communication interface may perform communication with each other through the internal interface.
For a specific implementation of each step, please refer to the description of the foregoing method.
It should be appreciated that in embodiments of the present invention, the processor may be a central processing unit (Central Processing Unit, CPU), which may also be other general purpose processors, digital signal processors (Digital Signal Processor, DSPs), application specific integrated circuits (Application Specific Integrated Circuit, ASICs), off-the-shelf programmable gate arrays (Field-Programmable Gate Array, FPGAs) or other programmable logic devices, discrete gate or transistor logic devices, discrete hardware components, or the like. A general purpose processor may be a microprocessor or the processor may be any conventional processor or the like. The memory may include read only memory and random access memory and provide instructions and data to the processor. A portion of the memory may also include non-volatile random access memory. For example, the memory may also store information of the device type.
Example 5
The present embodiment provides a computer-readable storage medium storing a computer program which, when executed by a processor, implements the steps of the software infringement evidence method described in embodiment 1 or embodiment 2.
It will be appreciated by those skilled in the art that embodiments of the present application may be provided as a method, system, or computer program product. Accordingly, the present application may take the form of an entirely hardware embodiment, an entirely software embodiment, or an embodiment combining software and hardware aspects. Furthermore, the present application may take the form of a computer program product embodied on one or more computer-usable storage media (including, but not limited to, disk storage, CD-ROM, optical storage, and the like) having computer-usable program code embodied therein.
The present application is described with reference to flowchart illustrations and/or block diagrams of methods, apparatus (systems) and computer program products according to embodiments of the application. It will be understood that each flow and/or block of the flowchart illustrations and/or block diagrams, and combinations of flows and/or blocks in the flowchart illustrations and/or block diagrams, can be implemented by computer program instructions. These computer program instructions may be provided to a processor of a general purpose computer, special purpose computer, embedded processor, or other programmable data processing apparatus to produce a machine, such that the instructions, which execute via the processor of the computer or other programmable data processing apparatus, create means for implementing the functions specified in the flowchart flow or flows and/or block diagram block or blocks.
These computer program instructions may also be stored in a computer-readable memory that can direct a computer or other programmable data processing apparatus to function in a particular manner, such that the instructions stored in the computer-readable memory produce an article of manufacture including instruction means which implement the function specified in the flowchart flow or flows and/or block diagram block or blocks.
These computer program instructions may also be loaded onto a computer or other programmable data processing apparatus to cause a series of operational steps to be performed on the computer or other programmable apparatus to produce a computer implemented process such that the instructions which execute on the computer or other programmable apparatus provide steps for implementing the functions specified in the flowchart flow or flows and/or block diagram block or blocks.
It is to be understood that the same or similar parts in the above embodiments may be referred to each other, and that in some embodiments, the same or similar parts in other embodiments may be referred to.
While embodiments of the present invention have been shown and described above, it will be understood that the above embodiments are illustrative and not to be construed as limiting the invention, and that variations, modifications, alternatives and variations may be made to the above embodiments by one of ordinary skill in the art within the scope of the invention.
Claims (8)
1. A method of software infringement evidence obtaining, comprising:
acquiring file information corresponding to the entitlement software, and constructing a file list, wherein the file list comprises names, paths and attribute information of files;
judging whether a target file corresponding to target software exists or not based on the file list and an access website of a target server to be subjected to evidence obtaining; the method specifically comprises the following steps: acquiring an access website of a target server to be subjected to evidence obtaining, and splicing the access website with a file list to obtain a target link list; requesting links in the target link list, and judging whether a target file corresponding to target software exists or not according to a request result;
if the target file exists, downloading the target file and comparing the target file with the file corresponding to the entitlement software; the mode of comparing the target file with the file corresponding to the entitlement software at least comprises one of MD5 value, hash value, file size and file content;
and packing and storing the file corresponding to the entitlement software, the downloaded target file and the comparison result log.
2. The software infringement evidence collection method of claim 1 wherein the file list is obtained by:
traversing the compressed package of the entitlement software, obtaining the name and the path of each file, extracting the attribute information of each file, and constructing a file list containing the name, the path and the attribute information of the file.
3. The software infringement evidence collection method of claim 1 further comprising:
and recording the result of comparing the target file with the file corresponding to the entitlement software by using the characters and the machine language.
4. The software infringement evidence obtaining method according to claim 1, wherein after the files corresponding to the entitlement software, the downloaded target files and the comparison result log are packaged, hash values of the compressed packages generated by the packaging are extracted and uploaded to the blockchain.
5. The software infringement evidence obtaining method of claim 1 further comprising displaying the comparison result to a result page and sharing the comparison result by means of links and/or two-dimensional codes.
6. A software infringement evidence obtaining system, comprising:
the file list construction module is used for acquiring file information corresponding to the entitlement software and constructing a file list, wherein the file list comprises names, paths and attribute information of files;
the target file identification module is used for judging whether a target file corresponding to target software exists or not based on the file list and the access website of the target server to be subjected to evidence obtaining; the method specifically comprises the following steps: acquiring an access website of a target server to be subjected to evidence obtaining, and splicing the access website with a file list to obtain a target link list; requesting links in the target link list, and judging whether a target file corresponding to target software exists or not according to a request result;
the comparison module is used for downloading the target file and comparing the target file with the file corresponding to the entitlement software when the target file exists; the mode of comparing the target file with the file corresponding to the entitlement software at least comprises one of MD5 value, hash value, file size and file content;
and the certification module is used for packing and storing the files corresponding to the entitlement software, the downloaded target files and the comparison result log.
7. An electronic terminal comprising a memory, a processor, and a computer program stored on the memory and callable by the processor, characterized in that the computer program, when executed by the processor, implements the steps of the software infringement evidence obtaining method of any of claims 1 to 5.
8. A computer readable storage medium storing a computer program, characterized in that the computer program when executed by a processor implements the steps of the software infringement evidence method of any of claims 1 to 5.
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| Application Number | Priority Date | Filing Date | Title |
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| CN202211307457.8A CN115577328B (en) | 2022-10-25 | 2022-10-25 | Software infringement evidence obtaining method, system, equipment and medium |
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| CN202211307457.8A CN115577328B (en) | 2022-10-25 | 2022-10-25 | Software infringement evidence obtaining method, system, equipment and medium |
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| CN115577328B true CN115577328B (en) | 2023-08-01 |
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Citations (2)
| Publication number | Priority date | Publication date | Assignee | Title |
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| CN111079101A (en) * | 2019-12-20 | 2020-04-28 | 支付宝(杭州)信息技术有限公司 | Method and device for obtaining evidence of infringement based on block chain, electronic equipment and storage medium |
| CN112199738A (en) * | 2019-05-17 | 2021-01-08 | 创新先进技术有限公司 | Method and device for infringement and evidence preservation based on block chain and electronic equipment |
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| Publication number | Priority date | Publication date | Assignee | Title |
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| KR20120065819A (en) * | 2010-12-13 | 2012-06-21 | 한국전자통신연구원 | Digital forensic apparatus for analyzing the user activities and method thereof |
| CN104036156A (en) * | 2014-06-27 | 2014-09-10 | 麦永浩 | Method and system for evidence collection and identification of electronic data of software piracy |
| CN108667766B (en) * | 2017-03-28 | 2020-08-14 | 腾讯科技（深圳）有限公司 | File detection method and file detection device |
| CN112560030A (en) * | 2019-09-09 | 2021-03-26 | 北京奇虎科技有限公司 | File monitoring method and device, electronic equipment and computer readable storage medium |
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| Publication number | Priority date | Publication date | Assignee | Title |
|---|---|---|---|---|
| CN112199738A (en) * | 2019-05-17 | 2021-01-08 | 创新先进技术有限公司 | Method and device for infringement and evidence preservation based on block chain and electronic equipment |
| CN111079101A (en) * | 2019-12-20 | 2020-04-28 | 支付宝(杭州)信息技术有限公司 | Method and device for obtaining evidence of infringement based on block chain, electronic equipment and storage medium |
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