Network Abuse Of Technical Measures Of Copyright Law Regulation

Technical measures is the right subject to effective and was confirmed by law to prevent or to limit it by and implement the legitimate rights and technology, equipment or methods.at present,our country in the legislative level has been initially established in the technical measures to protect the copyright law system,but also a lack of need further improvement.As in 2001, the newly amended "the copyright law of article 47 the" without copyright or copyright and related such,trying to avoid or destruction of the owner of the work, for its video recording,the protection of copyright or copyright and related rights of the technical measures ".however, no technical measures to any restriction rule.The existing copyright system more perfect harmony.From the technical measures to the basic theory,on this basis with the specific case studies and technical measures on drug abuse,and abuse of the proposed rule, the last of our legislation and improve the division to help.this concludes today,is divided into four parts.The first part introduces the concept and nature of the technical measures and makes the classification.First,the definition of technical measures have been defined.Second,further analysis of the characteristics of technical measures, including: the implementation of the proper subject of technical measures,technical measures must be relevant,to protect the contents of the legitimacy of the purpose of protecting the legality,validity.Through concept analysis, the nature of technological measures become more clear that it is a means,a copyright owner has implemented to protect the legitimate rights of the content of their technical means,and this protection is an effective means of reasonable means to prevent an infringement of their rights to the means.At the same time,to control the use of technical measures into the technical measures and technical measures to control access to two types.The second part,the first analysis by the concept of abuse of technical measures for the performance analysis into the abuse of specific performance: technical measures to protect the content and purpose is not legitimate,technical measures of protection beyond a certain limit,technical measures themselves are invalid, technical measures such as the main discomfort grid.Abuse cases by the analysis of technical measures,we believe that the abuse of technical measures not only in violation of relevant laws,and also violates the law of value.While technical measures related to the abuse of violation of the legal system,including: the abuse of technical measures in violation of copyright law-abuse of technical measures to deprive the public's reasonable use of the opportunities; technical measures to abuse of violation of consumer protection laws - technical measures to abuse violated the interests of consumers; technical measures to abuse of violation of competition law - abuse of technical measures to eliminate or restrict competition.The third part focuses on the abuse of technical measures in the legal system, method,summarized as intellectual property law rules of internal regulation and external both.Intellectual property law within the regulatory system methods,both in the interests of balance principle of the legal principle of regulation,while also including specific the law Guize regulatory system is primarily yes right technology Cuoshi protection for limitations and exceptions to the regulations,employed in foreign countries the technical measures of legislation and theory.External regulation of intellectual property law including:civil law on abuse of technical measures regulation;antitrust and unfair competition law on abuse of technical measures regulation;terms of interoperability of computer software.Interoperability is mainly in the public domain,specific conditions, in order to meet the user's normal use for the software,while computer software has taken to work content of the technical measures for the protection of a restriction.The fourth part of the legislative status of our existing laws and shortcomings, made for less than perfect measures.Lack of performance: there is no clearly defined the scope of protection of technological measures,there is no time limit on making the required technical steps to protect,does not require human rights obligations,the abuse of technical measures does not provide legal responsibility.By this analysis,we have the existing copyright law by improving the recommendations and measures, including amendments to existing provisions of the views,while the proposed increase in the number of new provisions.In addition to copyright law,it also raised other legal measures of improvement,such as the proposed increase in competition law in the abuse of technical measures such as prohibition.