Study On The Interoperbility Exception Regime Of Techical Measures’ Protection

Science and technology lead us into the digital information age, under the new digitalenvironment, making use of technological protection measures maintains effectivelylegitimate interests of copyright holders.But copyright owners take technical measuresprotected by law as an excuse,so technical measures’ abuse problems become the newchallenges in the field of legal protection,for example,using technical measures to restrictcompetition or form a bundle. Because there is a conflict between intellectual property ofprotecting products and information sharing necessary to interoperability, it deserves how tobalance the interests between rights holders and the public.For interoperability purposes,countries within the framework of copyright law formed different responses. This paperfocuses on the legislative, judicial practice about several typical countries.With the value ofinteroperability becoming more prominent,through the interoperability study, combiningcurrent situation of legislation lack,it provides a reference to improve interoperabilityexception regime of technical measures’ protection,in order to facilitate interoperability,thereby promoting technological innovation and maximize its value.This paper is divided intofour parts altogether. The first part is an overview of the interoperability exceptions regimeof technical measures’ protection. First, in the view of the technical level, the laws andregulations,it introduces the definition of interoperability and related concepts, then discussesthe value of interoperability in the digital age. The second part discusses mainly technicalprotection measures for interoperability’ restrictions. It analyzed respectively from the angleof locking consumers and undermining the legitimacy of reverse engineering, monopolyingaftermarket accessories. The third part compares the international legislation ofinteroperability exception regime of technical measures’ protection, including the UnitedStates ’ Digital Millennium Copyright Act "(DMCA)," European Copyright Directive"(EUCD), France’ DADVSI, Canada " Copyright Modernization Act ",Australia "2006Copyright amendment Act." The fourth part has practical significance. Firstly,it looks backthe legislative process of our regime of legal protection of technological measures,andanalyzes the current situation of the existing legislation, indicating the lack of interoperability exception regime’ legislation. Finally, on the basis of the situation of our country, the authorabsorbed the foreign advanced legislative experience and made constructive comments toimprove our interoperability exception regime of technical measures’ protection.The articlebegins with a basic principle. The detailed conditions are developed in order to meetinteroperability circumvention exceptions.On that basis, we can authorize a specific agency toapply updating mechanism so that the system can be regularly reviewed and adjusted. At thesame time, we can set up regulatory agencies and appropriate remedies, eventually formingmore scientific and reasonable system design.