Studies On Copyright Protection Of Software Technological Measures

As an effective means of copyright protection, technological measures is used by computer software owners widely. At the same time, technical measures strengthens the rights of copyright owners inappropriately, and may damage the interests of users and the public , breaks the balance of the three interests and blocks the social development and progress of science.In《Copyright Law Of The People's Republic Of China》and《Regulation For Computer Software Protection》, technical measures was only a matter of principle the law, judicial practice is not workable. Although《Regulation FOR The Right Of Information Network Dissemination》establishes technical measures legal system and has changed the status of the judicial operation blank, it has certain limitations, technical measures is only for the protection of the right of information network dissemination ,other computer software copyrights is not involved .So technical measures on the legal system has not been fully established, needs to be improved and perfected.Abuse of technology measures for computer software brought about some controversies. The author analyzed legal system of technical measures by the Economic-theories of law . comparative the technical measures legal system of the international community and judicial practices of other country , the author Summed up the basic framework of the technical measures legal system. By analyzing the problems of computer software technology measures legal system ,the author puts forward the basic principles and legislative countermeasure about technical measures so as to improve China's computer software technology measures legal system.In this paper, the structure is divided into four parts, as described below:In the first part, first of all , the author recalled the development of technical measures, combined with the definition of technical measures and computer software , summed up the legal definition of computer software technical measures .Then the author classified the computer software technical measures from different perspectives so as to discuss follow-up article .At last ,listed the different harmful consequences of abuse of technology measures for computer software .In the second part, the author analyzed the computer software technical measures by economic theories of law. According to Copyright motivation theory and the relationship of the costs and benefits , the author think that it is reasonable that the computer software copyright owners take measures to protect their copyrights; According to Pareto efficiency standards, the author think that it is necessary to restrict abuse of technical measures . According to "The Fax-effect" of the new economic theory ,the author find the flexibility of using technical measures.In the third part, the author introduced and analyzed two International Convention of WIPO, the United States, the European Union, Japan, Australia and other countries' legislation and practice about technical measures .At the same time ,the author make an objective evaluation about these countries' technical measures legal system .In the fourth part ,the author analyzed the existing problems of China's computer software technical measures legal system , and think that China's technical measures legal system has not been fully established, the operability of judicial practice is not strong. In order to promote the development of the computer software industry, the deficiencies of technical measures legal system must be improved. So the author put forward the basic principles and legislative countermeasure about technical measures...