Anti-circumvention Of Technological Measures And Indirect Infringement

Technological measures can effectively protect works of authorship. With theemergence of circumvention of technological measures, how to legally protecttechnological measures also becomes an important task for copyright law. Ten yearsof legal practice of United States showed that technological measures should beprotected while the rights of copyright owner also should be prevented fromexcessively expanded. The latest legislation of United States—Digital MillenniumCopyright Act prohibits circumvention of access control measures with a number ofexceptions. At the same time, by restricting the product and technology used tocircumvent technological measures, the Act strikes the interest balance betweenowners of copyright and public. In order to review the legislation of circumvention oftechnological measures, we need to understand the theory of copyright infringement,especially the theory of "indirect infringement" which closely related to theanti-circumvention technological measures. In copyright law theory, "indirectinfringement" indicates those acts that do not violate any exclusive right of copyrightowner but have certain connections with direct infringing acts of others. This articlecategorizes and analyzes legal rules on indirect infringement in foreign countries,what we can use the experience for reference. To specifically proscribe legal rules onindirect infringement is not only an international trend but also a strategy Chineselegislature should adopt in amending China Copyright Law. Reference to specifically proscribing legal rules on indirect infringement, author would like to go into twoquestions in particular: one is the independence of indirect infringement; the other isprinciple of the liability of IP infringement. These two questions are also in a heateddispute in the academic circles. With introduction of cases in the abroad, author drawthe principles of indirect infringement in the legislation of anti-circumvention oftechnological measures, inquiring into the nature of circumvention of technologicalmeasures, and legal basis of including this act into indirect infringement. Researchingon the oversights and omissions of the present legislation of circumvention oftechnological measures, this article would put forward proposals on revising ChinaCopyright Law in future.