The Abuse Of Technical Measures In Copyright Law And Measures

With the development of network technology, the reproduction, distribution and dissemination of works become easier and easier, the benefits of the copyright owners and who are related receive various aspects of infringement. At the same time, because the universal lag behind the legislation, the postponed nature of the judicial relief , as well as the cost restrictions of lawsuits, to safeguard their own interests, technological measures are taken to protect these works, which technological measures in legal point of view is not only the private relief means of copyright owners, but also get the legal recognition and protection. Generally speaking, the technological measures can be divided into two types, one type controls the access of technological measures while the other controls the use of technological measures which are technological equipments, products and methods used by copyright owners and those who are related to protect their own copyright and related rights which makes the users can not take any reproduction, distribution, dissemination, modification of copyright works freely.However, not all the technological copyright protection measures that copyright owners take are bound to receive the protection of the law, some technological measures exceeded the scope of the law that violate the public interest, and some even pose a threat to public order, that constitute a technological measures abuse. Therefore, measures should be taken to regulate the corresponding system of this problem.This paper is divided into five parts to launch the discussions on this issue.PartⅠ, draw out technological measure questions such as how to define technological measures, the conditions of effective technological measures, the nature of the bundle sale of software and hardware, the abuse of technological measures and the coping strategies and so on, which is going to discuss through a case referred to technological measures that caused many disputes that judged by Shanghai Higher People's Court in 2006.PartⅡ, define the concept of technical measures. Explain the classification of technological measures after comparing and analyzing various technological measures. And then give a classified summary of technological measures that used commonly in order to get an overall grasp of technological measures.PartⅢ, elaborate the scope of technological measures that protected by law and propose technological measures those who meet three points under line will be protected by law. The first point is that technological measures should be initiatively taken by the copyright owner and related people, the second point is that technological measures must be effective, and the last point is that the purpose of technological measures should be legal. And then give the corresponding explanation of these three conditions.PartⅣ, overview the performance of the technological measures abuse and the corresponding results, Such as the abuse of technological measures can violate the public's reasonable using rights, threat public safety order, distort fair competition in the market order, violate citizen's privacy and so on.PartⅤ, point out the defects of China's copyright laws and technological measures system, and then give out the corresponding Countermeasures on improving the technological measures system and regulating technological measures abuse.