The Study Of Several Issues In The Crime Of Copyright Infringement

The development of intellectual economy brings not only enormousopportunities to people, but great challenges as well. Due to the latebeginning of the crime of copyright infringement in our country, thereappear many problems in both theory and practice. Therefore, theviolation of copyright presents a high tendency which specifically reflectsin the serious criminal phenomenon in copyright field. The market orderand related rights of copyright owner is badly threatened. This paper triesto expound the issues in crime of copyright infringement from fouraspects, with the hope that the discussion will be useful in judicialapplication and the perfection of future legislation of copyrightinfringement, which can better protect the copyright.Except the introduction, this paper is divided into four chapters.Chapter One is about the criminal purpose of copyright infringement.In judicial practice, the criminal purpose of copyright infringementinvolves the determination of infringing a person’s profit in copyright crime, while in theory, there exists the problem of whether a person’sprofit in forming the violation of copyright should be abolished or not.Therefore, this chapter mainly focuses on discussing two detailedproblems basing on the big problem of “profit purpose”. The first detailedproblem is about the practical confirmation of “profit purpose”, and thesecond is the retention or abolition of “profit purpose”. Personal opinionswill be made after the discussion mentioned above, namely,“profitpurpose” should not be taken into account in the determination of a crime,but should be regarded as the legal circumstance of heavier punishment.Chapter Two is about the duplication and distribution of the crime ofcopyright infringement. Duplicating and distributing is the objectiveaspect of copyright infringement. This chapter is going to expound thedispute of duplication and distribution, at the same time, making adiscussion about whether the transmission of information network can beregarded as duplication and distribution and finally a conclusion is madethat it can be seen as duplication and distribution when informationnetwork is permitted to use to transmit other’s copyright.Chapter Three is about the subject of copyright infringement. Exceptthe common subject, there are still two problems needed to study in thesubject aspect of the crime of copyright infringement which respectivelyare whether the end-user of computer software can commit this crime asthe subject and whether Internet service provider can cite “port is regular” to exclude himself from this crime as the subject. These two problemsnewly appear in the time of highly developing internet technique anddevelopment of the new situation. In this chapter, a detailed analysis ismade to conclude personal ideas that legal responsibilities is agreed to beapplied in the end-user of computer software, meanwhile, it needs to becautious to affirm the crime of Internet service provider whose act shouldnot be easily regarded as infringing the copyright unless evidentmalevolence and profit is provided.Chapter Four is about the distinction between the crime of illegalbusiness operation, selling infringing copy and that of copyrightinfringement. By adopting the cases as elaboration, this chapter tries toclarify the differences among these three crimes with the aim to betterdistinguish the determination of crimes in actual practice.