Research On The Judicial Identification Of Copyright Infringement Crimes In The Network Environmen

The 11th Amendment to the Criminal Law makes the first revision since the Criminal Law in 1997,focusing on crimes of copyright infringement in the Internet environment.Two new forms of expression were added:"dissemination to the public through information networks" and intentional circumvention of technical measures.Criminal detention was abolished,legal punishment was raised.The main content of this paper is divided into three parts:The first part is about audiovisual works.This paper combines the judicial identification differences on the nature of online game running pictures in the field of civil and criminal trials,and draws the conclusion that online game running pictures belong to the audiovisual works in the crime of copyright infringement from the universal characteristics of online game running pictures and the special characteristics of audiovisual works.The act of copying the running pictures of online games should be regulated by criminal law.The second part is the judicial determination of "communication to the public through the information network".At present,it is the most widespread way to spread works through deep link.Based on "substantial presentation standard" and "server standard",the academic and practical circles make different judgment results.Although the civil field negates the violation of the right of information network communication by deep link with the "server standard",the criminal law field can give a relatively independent interpretation of related concepts in order to fight crime and safeguard social interests.No matter whether the civil field deems deep link infringement or not,according to the "material presentation standard",the criminal field can hold that deep link constitutes "dissemination to the public through information network".The third part is the problem of judicial determination of intentional circumvention of technical measures.In this paper,we define the concept of technical measures,make clear that the technical measures in the meaning of copyright in our country include technical measures to prevent the operation of computer software without permission,and further demonstrate that the types of intentional evasion of technical measures in the crime of infringement of copyright include indirect evasion means.By sorting out the criminal judgments about selling software serial numbers or cracking software and making and selling online game plug-ins,this paper finds out the differences in judicial recognition of the above two behaviors.This paper holds that software serial numbers or cracking programs are essentially "serial numbers-technical verification measures" to avoid or destroy computer software,and selling software serial numbers or cracking programs is a means to circumvent technical measures which constitutes intentional circumvention of technical measures of copyright infringement crime.Finally,in this paper,it is clear that the operation principle of online game plug-in is to avoid technical measures to achieve the purpose of cheating in the game,and it does not invade or illegally control the computer information system.