In legal proceedings involving unfair competition on the internet, the defendant may claim through defense that they are not the operator (developer) of the software or the operator of the software version, and may even deny any involvement in the development of a certain software function, making the defendant's eligibility the focus of controversy in the case. Therefore, accurate positioning of software developers is crucial. This article will delve into multiple dimensions of software release, starting from multiple perspectives such as application markets, official websites, and promotion pages, to reveal the true source of software release. A detailed analysis of the characteristics of different platforms and the digital traces of publishers aims to clarify the responsible parties in legal proceedings, thereby providing stronger evidence support in safeguarding legitimate rights and interests.

1、 The way to confirm the source of the software

Determining whether a software originates from a software company (or network company) can be confirmed through multiple channels. Firstly, it is possible to investigate whether the software can be downloaded from the company's official website. Secondly, check the downloadable versions in the software market to ensure that the software developer information points to the target company. Analyzing the data access requested by the application access interface (API) to confirm whether it points to the company's official website is also an effective means. In addition, checking the company's official official account to confirm whether the download address of the software is provided is also an important clue to determine the source of the software. By comprehensively considering these aspects of information, it is possible to more accurately confirm the true source of the software.

Enter the official website URL of the company to access its website, check the download resources, and if the relevant software involved is found, download it to verify whether it has committed the accused infringement or unfair competition behavior. This step is one of the important ways to confirm the software responsible party.

When malicious software is downloaded from Apple's App Store or other Android platforms, the operator of the application market will clearly indicate the provider of the software. Generally, software provided by the company has higher reputation and quality assurance, thus attracting more users to download. Through this channel, we can also effectively confirm the developer identity of the application.

Desktop software or mobile applications will display different data content based on user operations when providing services to users. These data are usually stored on cloud servers, and terminal programs obtain this data through API requests or store user submitted content on the server. The server address accessed by the API has become an important clue that can be used to identify the software service provider providing the service. By analyzing this server address, we are able to accurately identify the provider of the software, providing key information for determining the responsible party of the software.

In order to promote services, network providers or software developers usually conduct marketing activities through WeChat official account. In the official account message push, poster or download address, the download guide of relevant software may be provided. According to the guidance of the official WeChat official account, it is also an effective way to confirm the software provider.

2、 Confirmation of the main source of the software

After obtaining the source of software release through the above sources, it is necessary to confirm the subject responsible for civil liability at the source.

For software sources pointing to official websites, if the provider of the software needs to be legally confirmed, the domain name and ICP filing information of the website can be queried. This step involves querying through the "ICP/IP Address/Domain Name Information Filing Management System" of the Ministry of Industry and Information Technology to obtain detailed information about the maintenance entity and operator of the website.

For the manager of WeChat official account, we can confirm it through the authentication information of WeChat official account. You can view the authentication subject by clicking the "About official account" information in the official account. The certification subject is the person who confirms the civil capacity to undertake legal certification, and is the legal entity of the official account management party.

Software released in the application market usually requires developer authentication before being launched. Although the developer information displayed on the software download page may not necessarily be the real name or the subject information registered by the market registration department, there is real name authentication information in the background. If necessary in legal proceedings, these real name authentication information can be retrieved through court investigation orders to ensure accurate access to software provider information.

3、 Fixed evidence for the main body of software developers

By confirming the source and subject of the software, it is possible to identify the true developer (operator) of the software. However, due to the fact that software evidence is different from other evidence and has a very easy to lose characteristic, fixed evidence is particularly important.

When network service providers (software developers) realize that the software they maintain may involve legal risks, they may take the following measures to avoid legal liability:

1. Delete software suspected of infringement: Remove released potentially infringing software versions from the platform to reduce potential legal risks.

2. Replace risky versions with risk-free software versions: Replace software versions with legal issues to ensure that users are using compliant versions.

3. Upgrade in the software market: release updated versions of the software to fix potential infringement issues and meet regulatory requirements.

4. Disable software specific features: Reduce legal risks by disabling or modifying infringing features in the software.

5. Hide the association between oneself and the software: Take measures to reduce the association between software developers and software to prevent legal accountability.

In order to prevent the loss of evidence of suspected infringement of software, as the right holder, it is necessary to effectively conduct complete evidence collection and fixation. Firstly, using timestamp forensics tools, the entire process of obtaining suspected infringing software can be saved by taking photos or recording screens. When obtaining evidence of the software process, an electronic fingerprint of the software package is also created to ensure that the software has not been artificially modified when reproducing infringement behavior. Secondly, trace the main information of the website from which the software is sourced or operated, and provide effective evidence to prevent possible changes in ownership during the rights protection process. Finally, reproduce the behavior of infringing or engaging in unfair competition using the acquired software, and properly preserve relevant evidence to strengthen the credibility of the claims for rights protection. This series of measures helps to ensure clear, complete, and tamper proof support in legal disputes.

4、 Confirmation methods for other disputed operators

In judicial practice, some judicial organs have accepted some methods used to prove the identity of software operators, but these methods should be taken seriously. For example, in some cases, the plaintiff may confirm the rights and obligations of the software through the rights and author statements in the accused software. However, the defendant may have reason to deny the validity of this proof, as software developers can take measures to conceal their true developer identity. In addition, some plaintiffs may rely on copyright registration information to confirm software developers, but there are also areas where the logic is not rigorous. Due to the fact that software is a dynamic product, it may be copied, stolen, or cracked, resulting in new release versions. Therefore, the real developers of subsequent versions may not necessarily match the registrant on the copyright certificate.

In legal proceedings against unfair competition on the internet, clarifying the identity of software developers is the key to whether the defendant is qualified. Usually, a software involves the participation of multiple parties, and determining the identity of a software developer is not always a simple and straightforward matter. Comprehensive and rigorous evidence and analysis are needed to establish relevant facts.