The Criminal Law Regulation Of The Act Of Evading Copyright Technical Measures

"The Eleventh Amendment to the Criminal Law" for the first time incorporated the act of circumventing copyright technical measures into the scope of criminal law regulation,which to some extent resolved the issue of previous legal gaps.Currently,as the content of Item(6)of Article 217 of the Criminal Law on the Crime of Copyright Infringement,the act of circumventing copyright technical measures lacks in the scope of the act and the standards for determining the act,and requires a more specific regulatory path.This article mainly focuses on the following three aspects of research.First of all,after the promulgation of the "Criminal Law Amendment(11)",there are still some circumvention dilemmas in the act of circumventing copyright technical measures: first,there are unreasonable restrictions on the scope of the act.The provisions of the Criminal Law only explicitly provide for direct circumvention,while ignoring the regulation of indirect circumvention.Moreover,the act of circumventing copyright technical measures overlaps with some other acts of copyright infringement.The second is the lack of identification standards for circumventing copyright technical measures.Specifically,it is aimed at the identification of new types of infringement and the identification of the "validity" of the act.Secondly,in view of the above regulatory dilemmas,it is necessary to prove the legitimacy and rationality of regulations from different perspectives.From the perspective of the infringement of legal interests and the connection between criminal and civil law,it is necessary to prove the legitimacy of regulating indirect circumvention behavior.From the perspective of the boundary function of the behavior concept,it is necessary to demonstrate the importance of distinguishing between circumvention of copyright technical measures and other behaviors.From the legal degree of "validity" and the qualitative analysis of the new type of infringement,to demonstrate that the determination of the act is reasonable.Finally,based on the principles of legal interest protection,the theory of secondary violations,and the qualitative analysis of behavior,the author proposes countermeasures to regulate the behavior of circumventing copyright technical measures.In view of the problem that the Criminal Law does not provide for indirect circumvention,it is necessary to expand the interpretation of circumvention from the perspective of academic interpretation and judicial interpretation.Regarding the issue of unclear boundaries between acts of circumventing copyright technical measures,it is necessary to distinguish the boundaries between different acts and strictly adhere to the boundaries of the acts of circumventing copyright technical measures themselves.To address the lack of identification criteria for effectiveness,it is necessary to unify their identification criteria,judging from specific behaviors,technical means,user intentions,and other factors.For the identification of new types of infringement,different identification standards have been proposed for different acts.