Admissibility of e-evidence generated by Telnet technology in software copyright litigation in China

Abstract

Electronic evidence has been explicitly enumerated as direct evidence since the promulgation of the amended Civil Procedure Law of China in 2013. However the Law does not provide a practical standard for the admissibility of e-evidence, particularly regarding those forms of e-evidence generated by new technologies. In this article Dr Jiong He provides an analysis of the admissibility of such e-evidence generated by Telnet technology, which is often submitted by software owners in copyright infringement cases.

Index words: China; electronic evidence; Telnet technology; burden of proof test; admissibility of evidence; software copyright infringement