The Comparative Study On Network Copyright Technological Measures Protection Between The China And The United States

Because of the particularity of the network information environment, maintaining the network copyright has its uniqueness. Under the digital environment, the technological measures protection of the network copyright has become one of the most important issues of the judicial practice and the theoretical research. A series of circumvention and anti-circumvention questions associated with the technological measures appeared. It required all the countries to establish copyright law to balance the benefits between the copyright owners as well as the relevant oblige and the public's utilization of the internet information. Based on the comparative study on the technological measures protection of the network copyright between China and the United States in the thesis, a conclusion was drawn that China is far behind the USA on the technological measures protection. For the more, there are lots of problems in the protection of ours technological measures protection to be solved. The thesis discussed the comparative study on the technological measures protection of the network copyright between China and the United States through five parts.The first part summarized the technological measures. First of all, the basic definition of the technological measures was inducted by means of the research on the kinds of definitions between the academic circles and the law circles of the China and the USA. Secondly, the classification of the technological measures was introduced. Then, the constitutive requirements of technological measures were discussed. Further more, the dilemma of the protection of technological measures that is how to make the best benefits balance was put into the discussion especially.The technological measures right was analyzed comparatively in the second part. The subject and the object of the technological measures right was introduced of system. After that, the content of technological measures right between the China and the USA was also discussed comparatively.The comparative analysis of the limitation of the technological measures between the China and the USA was done in the third part. The exemption of four kinds of circumvention in the Regulations for the Protection of Information Network Transmission Right of China, the seven kinds of circumvention exemption in the DMCA and the fourth announcement of the exemption on the digital products in the USA were presented in sequence in the part. According to the comparative analysis, the necessary improvement in this field of our country was discovered.The analysis of the circumvention responsibility forwards the technological measures between the China and the USA were done comparatively in the fourth part. The circumvention responsibility contains two different conditions which are the direct one and the assistance responsibility for the circumvention. The direct circumvention responsibility is the main one in China. In author's opinion, the responsibility confirmation of supplying help for the circumvention should be held responsible according to the common illegal behaviors, or else the cost of the protection on the copyright due to the law would be increased unilaterally.The enlightenment of the protection on the technological measures in China was described in the fifth part. By ways of comparative analysis of all aspects of the network copyright technological measures between the China and the USA, suggestions on improving China's technological measures protection were proposed.