On The Behavior Of The Abuse Of Technical Measures And Their Legal Regulation

Legal protection of the technical measure, initiated in a US case of 1988, is one of the three main questions which the contemporary copyright system must solve. Afterwards, under the influence of the WIPO's WCT and WPPT in 1996, copyright protection of the technical measure rapidly entered various countries' the legislation system.The technical measure refers to the equipments, the products and the methods that copyright owners adopt to effectively control access and usage of the protected works. Under the network environment, the duplication of the digitized work and the recording product is an extremely easy matter, very quickly, very cheap, very good in quality and has nearly no difference with the original part. In order to protect the work or the recording product from willfully duplicating, it is completely right and essential for right owners to adopt the encryption to their work and recording product. The technical measures are the private relieves adopted by the copyright owners to protect their own rights, which can be divided into several kinds: Access Control, Control of Certain Uses, Integrity Protection, and Electronic Copyright Management Systems.However, the absolute protection of the technology measures does not serve the long-term benefits of the right owners. The relationship between the work owners and the work user is some kind of glory all glory, damage all damage. Such protection of copyright owners can attack our country's serious copyright abuse, but it takes harm to the public benefits as a price, and at the same time it does not favor the copyright owner in the long run. The technical measure, as measures of private relieves, inevitably have flaws of self benefiting self. Some technical measures can be abused, and have had the conflicts with the principle of right exhausting, the publicity of public domain, the reasonable use principle, the freedom of speech, and the competition policy. Therefore, we should put some limits on the abuse of technical measures, while we carry on the protection to the technical measure.The benefit balance principle is the crucial principle in solving the abuse of the...