On The Comparison Research Of Circumvention On Technological Measures Of Copyright Protection And Legislation Of Anti-circumvention

The development of computer and Internet technology has made copy different in digital era. Technological measures is an important means that copyright owners take to protect their interest. However, the protection of technological measures alone is not sufficient in the background of commercialization of works and quickly development of Internet. With the emergence of all kinds of circumvention of technological measures, many countries have formed a common sense that it necessary to make anti-circumvention provisions to seek the help of law to protect the technological measures.This thesis regards the DMCA as a referenced object, expatiate on the history and legislation status quo of the anti-circumvention system in copyright law by analysis and comparison of the course of the anti-circumvention system of the United States and that of other countries. Some concerned legislation and legal practice showed that those anti-circumvention provisions go too far in favor of copyright owners and related obligee so that they make conflicts with the principles of traditional copyright law like fair use to restrict the rights of copyright owners and break the balance of copyright owners and communal interests. Meanwhile, some cases also indicate the real crisis that the anti-circumvention system elbow out market opponents and extrude the space of freedom of speech and study.The regulations of technological measures in China's Copyright Law are relatively simple. It is necessary to improve the pertinent regulations such as contributory circumvention act and exception clause. China should import the related legal system from other countries selectively to balance the interests between copyright owner and users.