Comment On The Case Of Copyright Dispute Between Jindiao Corporation And Naikai Corporation

With the highly development of information industy,the value of technology was recognized by the market. In order to protect the interests,the owners of copyright often use many technology measures to restrict others visit, use, control or copy the software. These technology measures have two problems, first, they can not protect the copyright of software absolutely because of the technology measures may be avoided by higher technology. Second, these technology measures are likely to damage the interests of users, and breaks the balance of public interests. Anti-circumvention can solve these two problems, however, that we must have a scientific and efficient law.The copyright disputes of Jindiao corporation and Naikai corporation was the first case in anti-circumvention law since we amended it to the copyright law. The court’s decision aroused many controversy since the copyright law was not have fully description of "technology measures"and"anti-circumvention".The password that complaint set on the output files belongs to the technology measures, and which is in order to bundled with other products, so this technology measures was not effective. With the analysis of technical, the action of the defendant that decrept the output file format should be seen as avoiding the technology measures,but it was not a "malicious circumvention measures " behavior because of the complaint didn’t have a legal technology measures. The decrypting behavior of the defendant should be classified as legitimate useing which is the apecial case of "anti-circumvention technology"...