Study On Regulation Of The Abuse Of Technical Measures

Any one technology advances the interests of all sectors of society in the pattern of change, while also promoting the development of copyright law.To the maximum extent to make their own copyright in this big environment, not against, the copyright owner of technical measures taken by the first choice of the first private power as the protection of copyright remedies. However, due to the rapid development of market economy, the copyright holder to be able to expand their economic benefits, so through the guise of technical measures to achieve the desired illegal purposes, such as illegal tying, the implementation of technical measures to attack and occupy resources in the public domainand so on.We call this behavior as "abuse of technical measures" behavior.In this paper, the abuse of technical measures and technical measures to the concept, discusses the forms and consequences of the abuse of technical measures, the final act of this proposed regulation programs and legislative proposals.The paper consists of three sections.In the part of preface, it states the purposes of this article and the language of ideas.Hope that by drawing the relevant literature and cases, to clarify the regulation of the abuse of technical measures for the idea, while analysis of the current deficiencies and a reasonable regulatory programs and proposals to the future of this area of legislation and justice. The second section includes three chapters:The first chapter introduces the concept of technical measures and legal properties of paper, the authors from around the world as well as technical measures for the international legislative definition, the concept of technical measures were clearly defined first. Secondly, the legal property of technical measures for the analysis of technical measures identified is actually a self-help means.The second chapter firstly analyses the concept of abuse of technical measures , specifically the protection of technical measures should be designated a certain range, or it may constitute the abuse of technical measures. In addition, the analysis measures the manifestations and consequences of abuse, mainly includes: bundling, the implementation of technical measures to attack and occupy the three forms of resources in the public domain.The third chapter is mainly directed to Listed in the previous chapter against the abuse of technical measures of the three acts from legal regulation and legal principle, to develop the appropriate regulatory program, and elaborate analysis.The fourth chapter is based on the regulation before , the relevant legislation in the country to regulate the abuse of technical measures to adjust the behavior of concrete, and put the actual legislative situation according to our suggestions.The last chapter is the conclusion of the paper.The author is a summary of the main technical measures for the abuse prior to the regulation of programs and legislative proposals, hoping to improve our technical measures legislation.