Qualitative Analysis Of Technological Measures For Bundle Sale In Copyright Law

With the development of digital technology, infringement became more and more easy since all of the works can be digitalized. Then technological protection measure is the most directive and effective instrument to protect the author's rights. But everything has two sides, when the technological measures protect the copyright owners'rights, it will be abused by them. For example, in order to make profits, more and more manufacturers adopt technological measures for bundle sale, which will harm the comsumers interest and fair market competition. Beginning with the introduction of the three cases, the author analyzes the character of bundle sale technological measures in the Copyright Law, and propose a solution combined with relevant foreign legislation. Three sections are included in this article:The first section is the preface, the author illustrate the motivation of this article. That is, the author give some suggestion to further improvement of legislation through analyzing the character of technological measures used for bundle sale.The second section includes three chapters:In the first chapter, the author introduces three cases as a start, then analyzes the questions reflected in each case and points out the common question of the case, which is that three manufacturers adopted technological measures in their products and used technological measures for its bundle sale between products and accessories.In the second chapter, the author mainly analyze the character of technological measures used for bundle sale. Based on whether is protected by Copyright Law, technological measures can be divided into two types:copyright technological measures and technological measures for technical. The object copyright technological measures protect is works and some related products, and the purpose of copyright technological measures must be proper which is to protect the copyrights or to prevent others from access to or use its products without authorized by the copyright owners. According to the three characters of the copyright technological measures mentioned above, the author analyzes the three cases. The first one is Jingdiao case, the object which the plaintiff's technological measures protect is illegal. Then analyzes the purpose of technological measures adopted by the three plaintiff. The technological measures taken by the plaintiff is not aim to protect the copyright, but to limit other manufacturers'fair compitition. So the technological measures adopted by the plaintiff is beyond the legal protection scope and does not meet the elements of copyright technological measures. Thus, they will not subject to Copyright Law.In the third chapter, through citing related foreign legislation about technological measures for bundle sale, the author analyzes the legislative situation in our country and proposes measures to regulate such technological measures.