On The Technical Measures Of Copyright Abuse Of The Legal Regulation

The fundamental purpose of copyright law and the ultimate goal is to establish a set of copyright owners and the balance between the interests of the public system. Focus on technological measures of copyright arising from the various legal issues of copyright law in fact is the traditional balance of interests in the field of digital technology and network technology in the rapid development of the environment is broken after a series of special problems arising from. On the one hand, due to the lag of the judicial process resulting copyright owner running amok in the face of piracy, often not timely and effective relief, but through technological measures to strengthen its protection of the work; On the other hand, technological measures of copyright works are beyond the rational use of such traditional areas of copyright law under the act but are subject to the use of works of technological measures to protect itself and its related legislation.Technical measures to protect human rights of copyright and related rights from the abuses are taken to prevent or limit unauthorized person, to see, copy, use, distribute, modify products protected by copyright law, works, audio and video products, computer software, database, all kinds of effective equipment, spare parts, technology and methods. In essence, technical measures is a copyright and neighboring rights of people to protect their human rights against violations by private relief measures taken. Technical measures according to their external characteristics, technical measures can be divided into defensive and offensive technical measures, including defensive techniques and measures that can be further divided into passive and active defensive technical measures defensive technical measures. Reasonable technical measures must have the purpose, validity, defense, copyright related features.Technical measures for the maintenance of balance between the interests of the area of copyright law is important, so relevant legislation should be given full protection, but over-protection of technical measures will be given to the rights of copyright owners over the public interest so to have a negative impact. At present, the abuse of technical measures have resulted in the use of reasonable restrictions on the threat to fair competition, Violations of public order, the misappropriation of the public domain, the danger of information systems, Internet privacy intrusion on various aspects such as the problem. Therefore, we must strengthen technical measures of copyright law regulations, building and improving technical measures of copyright legislation system.Establish and improve the legislative system of technical measures of copyright available from the following three aspects:First, improve the technical measures of copyright legislation, basic principles, mainly the principle of balance of interests and prohibition of abuse of the principles of copyright. Second, improve the technical measures of copyright legislation in the copyright law system of regulation, technical measures legislation, our country is in its infancy, there are many areas that need improvement, such as:the definition of legality and effectiveness of standards, acts of circumvention of technological measures to limit and exceptions to the obligations of technical measures of copyright owners, copyright abuse of technical measures of legal liability. Again, improvement of technical measures to legislative regulation in the anti-trust system, including the antitrust aspects of the field of technical measures of copyright clearly the basic principles of antitrust and the development of technical measures in the field of copyright and antitrust guidelines regarding the administration of technical measures and technologies registration system measures to review the evaluation mechanism.