The Copyright Protection Of Technological Measure Of Cellphone Application Store,and Limitation Thereof

As a new software distribution platform,the cellphone application store greatly promotes the development of mobile Internet;what's more,cellphone application,as the main carrier of the mobile Internet,has a greater influence on our work and our life,but it also brings challenges to the traditional copyright system.Technological measure applied in cellphone store may damage the users' interests and the public's interests in the protection process of copyright.The technological measure,as one of the important self-protection modes,will research on the relationship between technological measure of cellphone application stores and the public's interest in the digital information age,it will also analyze different types of technological measure of copyright protection and the related problems,will think about how to make the copyright owners,users and the public's interest be relatively balanced,will make clear the legal protection range of technological measure,and the exception principle,all of these have the certain theoretical and practical significance.This paper is divided into four chapters.In the first chapter,it relates to "the challenges of cellphone application store's technological measure on copyright system":this chapter briefly introduces the concept and categories of technological measure,and analyzes the mainstream business model of cellphone application store;and emphasizes on the analysis of the benefit balance mechanism of copyright protection of technological measure.In addition,the influence of technological measure of cellphone application stores on the reasonable use of copyright.In the second chapter,the copyright protection mode of cellphone application store's technological measure:prohibition of circumvention action is introduced.It analyzes that the protection mode of law for the technological measure of cellphone application stores is to prohibit circumvention of technological measure,which includes the prohibition of direct circumvention behavior and prohibition of the provision of circumvention equipment and service action.In addition,it analyzes the necessity of providing circumvention equipment and service behavior.In the third chapter,the limitation of cellphone application store technological measure:protection exception behavior is mentioned.The author analyzes problems brought by cellphone application store technological measure and its legal protection,which includes the negative effects on reasonable application system,the copyright exhaustion principle,market competition and personal information protection.At present,the hot problems such as "jailbreak" and "unlocking" in the technical measure protection of intelligence cellphones are analyzed,exception principle of technical measure protection should be established as soon as possible so as to prohibit abusing of technological measure.In the fourth chapter,"reference and perfection of copyright protection legislation of cellphone application store's technological measure are referred:this chapter emphasizes on foreign technological measure of copyright protection legislation and analysis of the provisions of the relevant international treaty,as well as relevant agreement and legitimation regulations of USA and EU.At the same time,technological measure of legislative situation in China is disclosed and analyzed,legislation suggestions will be put forward as soon as possible:to improve the legislative level,clear definition of technical measures,the establishment of multi-level technological measure legal protection system,the establishment of protection limitation system of technological measure,and the establishment of technological measure mechanism of cellphone application store circumvention.