Due to the problem of semantic lost when extracting birthmark with k-gram algorithm, the operand stack dependence based static software birthmark is proposed in this paper. Before the birthmark extraction, the stack dependence bytecode fragments are got through analysis the stack dependence relation of stack behaviors in Java program. The birthmark is comprised of the stack dependence bytecode fragments and their occurrence frequencies in program. The experimental results show that the proposed birthmark has good credibility and robustness, and the performance is improved.