Research On The Application Of First Sale Doctrine In Network Environment

With the continuous development of network information technology,digital goods have gradually become the mainstream form of copyright works.The basic concepts of many copyright systems formed in the era of traditional printing technology must be readjusted,and the first sale principle established in the field of traditional copyright law has also ushered in new challenges.Although China has not yet made clear legal provisions in legislation,it has been widely explored in academic circles and judicial practice.There are still problems in the application of the first sale principle in the network environment,such as the vague definition of distribution behavior,the infringement and reproduction in the resale process of digital works,and the squeezing of the application space of the first sale principle by copyright owners using license agreements instead of sales agreements to safeguard their personal interests.As for the identification of the nature of distribution behavior,we should first clarify the relationship between distribution right and information network communication right,distinguish the applicable boundary between them from their respective establishment process and purpose,and explore the judgment criteria of distribution behavior,which are whether the form of digital work carrier is changed and whether the ownership of digital works is transferred.For the identification of the nature of replication behavior,through the interpretation of the case,this paper analyzes the relationship between replication behavior and copies and replication rights,and studies the nature of replication behavior from the impact on the number of copies when the "forward and delete" technology is mature,and the legitimacy of temporary replication behavior.For the application of license agreement,we should first distinguish between license agreement and sales contract,and explore the application of digital work license agreement in the field of e-book works,music works and software works,and then study the effectiveness of its terms,including the principle of prohibiting abuse of rights and the rational use of technical measures.