| The exhaustion of distribution right is the principle of maintaining the balance of interests between copyright owners and the public,which existed before the emergence of the Internet and was widely used in the field of entity works.After the emergence of the Internet,the works began to express in the form of numbers.As a new form of works,it not only expands the circulation scope of works,but also further develops copyright.However,the original principle of exhaustion of distribution rights is based on the entity works.In the face of the new scope of application,it does not have the basis of application in the new field,nor does it have the objective conditions of application.This makes the distribution of a blind area of the principle of exhaustion of distribution rights.In 2001,digital works(including the distribution of works)were managed by amending the copyright law to add the right of information network dissemination,but the right of information network dissemination is the exclusive right established to regulate the behavior of network communication.The distribution of digital works,which is based on the transfer of ownership,is obviously not fully applicable.As to whether the principle of exhaustion of distribution rights can be applied to the network environment,academic circles and judicial practice have always held a negative attitude,and only deal with the basis of exhaustion of the right to issue entity works.With the progress of technology,the sound of approval for the application of the principle of exhaustion of distribution rights in the network environment began to rise,mainly because of the increasing number of foreign judgments on the application of the principle of exhaustion of distribution rights in the network.At the same time,different methods to solve this problem are put forward.Through the idea of "timely deletion of network distribution ",it becomes a feasible scheme to apply the principle of exhaustion of distribution rights in the construction of network environment.And our court also in some judgments to show the application of the network distribution right exhaustion attitude.For example,Beijing Motie Digital League Information Technology Co.,Ltd.,in the case of copyright ownership and infringement dispute with the appellant Xiamen Silk Library(hereinafter referred to as the Silk Library case),the court summed up the principle of exhaustion of distribution rights in the network as that the network technology could not meet the two conditions of transfer of ownership of the original or copy and deletion of the document stored in the digital works.In the face of the trend of applying the principle of exhaustion of distribution right in the network environment,in order to protect the rights and interests of the public,the expansion of the interests of the issuer is restricted and the balance of the interests of the two is realized.Therefore,it is necessary to solve the problem of why to construct the applicable environment of network distribution exhaustion and how to construct the principle of network distribution exhaustion.This paper mainly discusses the construction of the principle of exhaustion of distribution rights in the network environment through four parts.The first part starts from the application of the exhaustion of traditional distribution right,Analysis of how the exhaustion of traditional distribution rights,And the status quo of the relationship between the right of issue and the exhaustion of the right of issue,It provides a realistic basis for the construction of network distribution right exhaustion.The second part is to take the cases of foreign Used Soft v.Oracle cases(hereinafter referred to as Used Soft cases)and Capitol Records v.Re Digi cases(hereinafter referred to as Re Digi cases),domestic "Terminator 3" cases and silk library cases library case as examples,Analysing the attitude in practice regarding the application of the principle of exhaustion of distribution rights,Explore the problems to be solved in network application.In the third part,the block chain technology is adopted as the method to construct the exhaustion principle of network distribution,Argument as a technical means,Whether the solution to the problem is reasonable,proper and possible.In the fourth part,based on blockchain technology,we propose to construct the system architecture of network distribution,Through the application of preconditions,basic requirements,distribution rights and information network dissemination rights of the relationship between the positioning and how to include in the Copyright Law,This paper discusses the macro concept of system construction. |
