On The Technology Protection Measures And Its Improvement

The end of the 20th century has witnessed the rapid development of digital and internet technology, which put the rights of copyrighters under unprecedented shocks and threats. Therefore, they began trying to stop the infringement technologically. However, the protection barriers were tackled by new technology again. As a result, the legislation for measures of anti-evasion technology protection turned up in some countries or regions.In the final analysis, the establishment of Copyright seeks for a balance between the interests of copyrighters and the public. To a certain extent, the legislation for measures of anti-evasion technology protection makes benefit for the copyright holders, while the public interest are damaged to a large extent. Therefore, how to seek for a balance between the copyrighters and the public becomes a problem needed to solve urgently all around the world.The thesis introduces the concept, requirements and classification of technology protective measures and describes the state of technical protective measures in the foreign countries ,such as the World Intellectual Property Organization, United States, European Union and Japan. The thesis focus on the violation of the basic principle of the copyright laws by the establishment of technology protective measures'right, the violation of the original pattern of interest balance of the copyright laws, the impact of social and public interests and the negative impact of consumers and the right of privacy . From the point of the expansion of the copyrighters'rights on the cyberspace, to balance the interests of copyrighters and the public free access to knowledge and information and the right of using the work reasonably, the thesis elaborates that the balance pattern of interest on the cyberspace needs to be reconstructed. Through the analysis on the trend of the legislation for measures of anti-evasion technology protection all over the world, it conclusions that restricting the measures of technology protection and reconstructing the balance pattern of interest on the cyberspace is the international trend. On this basis and the analysis of the legislative defects on technical protective measures in Chinese Copyright Law, it put forward the relevant improvement ideas, which is to establish principles and factors and increase the restrictive content on technology protective measures in Copyright Law.This thesis just probe into the restrictions on technology protective measures and I hope it will make benefit on the reconstructing the balance pattern of interest on the cyberspace.