The Abuse Of Technological Measures And It’s Countermeasures

Since 1990’s,the ongoing development and popularization of digital technology made the copyrighted works can easily be copied and transmitted in a large amount.The author’s ability of control the works has been undermined,author’s rights can easily be infringed.At the same time,right holders cannot get their rights be protected under traditional frame of copyright law because of the hysteresis nature of law,but turn to the technological measures. The adoption of effective technological measures boost up author’s ability of work-control,it can effectively protect the copyrights of authors,the scale of interest inclined to authors.The problems of technology must be solved by technology itself,the technologies used to circumvent the technological measures emerged closely after the technological measures,the ability that copyright holders can control their own rights was threaten again.Thus,the provisions of technological measures were introduced into law, which were supposed to inhibit the circumvent and destroy of technological measures,and protect the author’s rights through the effect protection of technological measures.The law of most nations,as well as two important treaties of WIPO,had introduced the provision of technological measures in copyright law,and almost all of them defines the circumvention of technological measures and the supply of technologies,devices,portions and services for that purpose be infringement,and may be find guilty.But most provisions can only go that far,for the abuse of technological measures,there were no regulation in copyright laws until 21st century.The DMCA and EUCD are outstanding representatives of these regulations,still,the regulations to prevent abuse of technological measures,and the remedies and liabilities were far to perfect.In our country,it is the copyrights law that protect the technological measures,but,there is nothing upon the abuse of it.The copyrights law fell far behind the provisions of Europe and U.S.A.,and it’s also unsuitable to our national conditions,it is urgently to complete the legal provisions.,and the judicature have done some inquiries previously.The purpose of this research is to find ways to complete the protection of technological measures.The research will carried out in the follow aspects:(1)the summarize of technological measures and its protection;(2)the behaves of technological measure abuse and its impact on copyright law;(3)the most important provisions upon technological measures;and (4)the measures on our laws against the abuse of technological measures.Thanks to the analysis above,we can get legal measures against the abuse of technological measures.:.e.(1)to concretize the existing provisions;(2)to establish the remedies and punishments on the abuse of technological measures;(3)in order to acquire the harmony and unification of the legal system,,it is necessary to establish provisions upon technological measures besides the copyright law. Whats more,in order to keep pace of the development of digital medium,we must take full advantage of the ability of judicature and administration before the legal were completed.