Research On Judicial Application Of Copyright Infringement Crime Under Network Environment

The change of network technology promotes the continuous development of the Internet.The development of technology is a double-edged sword,which not only facilitates people’s production and life,but also produces new problems of The Times.With the continuous development of network technology,in recent years,the crime of copyright infringement under the network environment has also increased sharply,bringing new problems to the criminal law regulation of copyright crime.Based on the network environment,this paper summarized the new problems of copyright infringement in the network environment by sorting out the judgment documents from2017 to 2022,and then analyzed the causes behind the problems,and expected to put forward relevant solutions from the Angle of legal doctrine and adapting to the characteristics of the network.The details are as follows:The crime of copyright infringement in the network environment refers to the act of natural person or unit infringing others’ copyright in the virtual network space,with large amount of illegal income or other serious circumstances.The 11 th Amendment to Criminal Law added information network communication and avoidance of technical measures as the objective behavior of the crime of copyright infringement,which solved the academic controversy on whether information network belongs to copy and distribution.We unified the standards for applying penalties,raising the maximum statutory penalty from seven years to 10 years.This reflects the harsh attitude of the criminal law to the crime of copyright infringement.However,copyright under the network environment still has many difficulties in the application of criminal law: the main body is that the network technology service providers are hard to find in the application;Non-profit-making copyright infringement is difficult to regulate;The object of infringement is the acquisition of game source code and whether artificial intelligence products belong to the object of infringement is still controversial.The objective behavior pattern shows that indirect avoidance of technical measures is difficult to apply.The reasons behind the above problems are that the current law has unclear provisions on the responsibility of network technology service providers,the subjective purpose of making profits has not adapted to the development of the Internet era,the contradiction between the development of technology and the stability of criminal law,and so on.The legislation of the crime of copyright infringement appears to be "willing but insufficient" in the face of various problems brought by new technology.Under the condition of not damaging the stability of criminal law and making it able to regulate the new problems arising constantly,the interpretation path centering on the doctrine of criminal law should be chosen.For the network technology service providers,criminal law should be interpreted synonymous with the pre-law;Substantive interpretation of the non-profit-oriented subjective elements;According to the way of purpose interpretation,the interpretation of online game source code into the scope of the work,the artificial intelligence products to expand the interpretation into the scope of the work;According to the natural interpretation,the act of providing technical means to evade is included in the regulation act of copyright infringement.The confusion in the application of the crime of copyright infringement and the amount standard in the network environment reflects the problem of the protection order of the legal interests of copyright infringers.We should base on the legal interest protection concept that the loss of the right holder is the priority,take the loss of the copyright owner as the primary consideration,and adopt the amount of direct loss suffered by the right holder to calculate the loss of the copyright owner.New circumstances standards of click + number of works transmitted,number of registered members + number of works transmitted are adopted to optimize the application of new standards and solve the problems of "amount" and "circumstances" in the application of copyright infringement crime.As for the problems existing in the process of sentencing,the reason behind is the lack of standardization of sentencing,and the lack of standardization of sentencing is caused by the lack of reasoning,so we must first promote the in-depth reasoning of sentencing;The application of the suspended sentence should be restricted in the case of extrajudicial leniency;In order to solve the problem of arbitrary application of fine,the amount of fine is determined by considering the victim’s loss,social harm,the defendant’s ability to pay,etc.,and strengthening the reasoning of fine judgment.As for the obstacles to the application of employment prohibition,we should refine the applicable content of employment prohibition and adopt technology to strengthen the application efficiency of employment prohibition.