On The Limitation Of Technological Measure Of Copyright Protection

With rapid development of digital technology since the 21st century, different kinds of technological measures of copyright protection emerge, i.e., electronic password, login password, electronic watermarking, etc. These technological measures of copyright protection are such technological measures taken by those copyright owners for protecting the copyrights of their product in the high-tech era, which can effectively control the spread, copy and use of product. In practice, however, the technological measures of copyright protection tend to be broken by more advanced technology, which circumvents the technological measures of copyright protection. With the increase of circumvention acts, many countries provide legal protection for technological measures of copyright protection by making laws. The technological measures of copyright protection have to face a dilemma: on the one hand, the copyright owners have to protect their products by technological measures when they are facing infringements without effective remedies. On the other hand, technological measures applying to those products will greatly limit the rational use by the public. The dilemma exists in China, too. For example, Microsoft's"Black Screen"event in 2008 caused a sensation in China. it put forward a theoretical question that whether the"Black Screen Plan"can be considered as technological measures of copyright protection for its products, and whether this kind of technological measures of copyright protection should be protected by our Copyright Law. Taking this event as breakthrough point, combining our current laws, rules and judicial experience in practice, and borrowing legislative experience from the World Intellectual Property Organization(WIPO), USA and EU, this paper analyses the legal protection problem on technological measures of copyright protection in China, and theoretically analyses Microsoft's"Black Screen"event.This paper is divided into five parts. In part 1, it puts forward the question studied in this paper by analyzing Microsoft's Black Screen event. In Part 2, it analyses the legislative situation of technological measures of copyright protection in China from the angle of theory study, in which it briefly introduces the era background and reason of technological measures of copyright protection, and concludes the concept and types of technological measures of copyright protection in academic and legislative documents. Based on this, it summarizes the items about technological measures of copyright protection in our Copyright Law. In Part 3, by analyzing the Cases of"Jiangmin KV300 Software Logical Lock"and"Beijing Jingdiao JD Paint Software", it summarizes the experience of protecting technological measures of copyright protection in our judicial practice, and concludes the condition and exception of identifying technological measures of copyright protection in practice. In Part 4, it analyses the legislation of technological measures of copyright protection by WIPO, USA and EU from the angle of comparison method. Based on this, it analyses the problems on current legislation in China, and put forward suggestions for modifying our Copyright Law in future. In Part 5, it theoretically analyses the determination and legality of Microsoft's"Black Screen"by combining the preamble study on technological measures of copyright protection.