Discussing In Question Of Piracy In Internet

In the new digital times, rapid development of Internet technology accelerates the world's process of utilizing various information systems. As a result, it greatly quickens the exchanges of information via Internet and globalizes the propagation of information that has exerted deep influences on the traditional copyright law systems. Interment technology not only affects the protection of digital works such as the database and multimedia, but also involves that of traditional works. That gives rise to the question of piracy in Interment."Copyright piracy is based on the copyright." So we will inevitably discuss the copyright in the Internet times, before discussing the question of piracy in Internet.In the Internet times, work and copyright acquires new meanings. Undeniably, before the case the Weihua Chen prosecuted <> against copyright piracy in 1998, there was a dispute that whether a digital works in network is equal to the original one or not. However, the judgment of the people's court gave the final answer, which pointed out by decree: "The difference between the digital works and the traditional one only lies in the way it exists. They have the common nature-"originality" and "cam be copied". So the digital works in network is the real works too, and it should be protected by copyright law."In 1996, World Intellectual Property Organization concluded <> and <> , and put forward three concepts: public popularization rights, technological measures and information of right management. In order to actualize the above-mentioned two treaties, the United State formulated <> in 1998.In those days before Chinese legislature amended the copyright law formulated in 1990, many people said that the traditional copyright law didn't stipulated the copyright of digital radiation and the law couldn't protect the network productions. Some criminals violated other's copyright repeatedly taking advantage of this idea. Because the digital works can be easily copied and spread extensively, plenty of intellectual achievements were plagiarized and copied at random in Internet. In a word, the traditional copyright law was facing challenge from the piracy of Internet copyright. The revision of 1990's copyright law was imperative under the situation, which was the background of advancing the Internet radiation right in new copyright law.In October, 2001, Chinese legislator edited the "copyright law of. 1990 to solve the problems of endangering Internet copyrights; and added Internet radiation fight, which means: "The author of literature and artistic works ought to have unique fights. He can empower others to spread his works by way of wire or wireless. He also can provide his works to the public, and the member of the public can obtain these works whenever or wherever he likes. The Internet radiation; fight was added specially for piracy in Internet.The Internet radiation right must be distinguished from the right of copy, publication and broadcast. The object of the publication right ought to be concrete, but the object of the Internet radiation fight is immaterial, it is the difference. The Internet radiation right is one of the copyrights in broad sense, like publication and broadcast. So it is not exact to define the Internet radiation right as the right of copy^ publication and broadcast. As a new fight form, the Internet radiation fight is corresponded with the interacting character of network. In my study, I found that the nature of piracy in Internet is benefit conflict (especial the conflict of materialbenefiO. The benefit conflict becomes acuter in network society than that in traditional society.Concerning the concept of piracy in Internet, it isn't definite in legislation and uniform in theory area. I conclude it as the behavior of breaking the copyright law and violating the owner's copyright (including the personal rights and the property).According to the commo...