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The Research On The Optimal Enforcement Of Network Copyright Law

Posted on:2013-02-07Degree:DoctorType:Dissertation
Country:ChinaCandidate:D ChenFull Text:PDF
GTID:1116330371468688Subject:Political economy
Abstract/Summary:PDF Full Text Request
The high-speed development of the Internet,on the one hand, accelerates the transmission speed of information and changes the way people live, on the other hand, leads to more and more copyright infringement problems due to Internet's paperless and not easy to blame characteristics. As a result, the copyright owners appeal to law more intensely. Study the optimal law enforcement of copyright has tremendous theoretical significance and practical significance.This paper generalizes characteristics of the network copyright, copyright market, copyright infringement and law enforcement. Based on the analysis of these characteristics, this paper uses punish probability and penalties as two variables to measure law enforcement level. Through the analysis of game strategy of the government, the copyright owner, consumer groups, this paper constructs economic model depicting the network copyright market, then reaches conclusions about the optimal network copyright law enforcement level. In the theory model,this paper further adds the network externalities factor analysis, thus the elaborating the network externalities' influence on punish probability and relevant penalty.Through the mathematical model analysis, this article draws the following inspiring conclusions: first, punish probability is determined by the copyright owner according the profit maximization principle. Punishment probability set by the producers with external externalities is larger than that without external externalities, and punish probability increases with the externality; Second, the optimal penalty, namely the fine collected from infringers, shall be set according to cost size of the copyright owner and the optimal penalty is inversely proportional to network externality. Third, the cost interval with network externalities where producers choose to enter the market is larger than that without network externalities. Then, on the basis of relevant conclusions, this paper brings forward corresponding policy recommendations.
Keywords/Search Tags:Network externalities, Network, Copyright, Law enforcement
PDF Full Text Request
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