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This article helps to clarify and articulate the ideological, legal, and ethical attitudes regarding software as intellectual property rights (IPRs). Computer software can be viewed as IPRs from both ethical and legal perspectives. In China, IPRs protection legislation has carried on at a speed never before known, but in judicial practice, there are still a lot of issues worth exploring in software infringement claim, such as, evidence collection. So the authors point out that some ethical factors should be considered, and the relationship between the ethical and legal perspectives must be balanced well in order to prevent the abuse of moral judge.