Research On Criminal Legislation Of Copyright Crime In Network Environment

Whether it is in the economic sphere or the spiritual realm, the copyright plays a veryimportant role in modern times. With the rapid development of network technology, thetraditional criminal copyright infringement also quietly turned upside down, thecriminal legislation also faces enormous challenges. Criminal copyright infringementunder network environment presents its different characteristics in compare withtraditional areas, such as, the diversity subjective purpose, the extensive body of crime,object intangibility, the convenience of the infringement, the seriousness of theconsequences, and so on. These features bring a series of problems to criminalcopyright legislation, and lead to academic debate a lot.For example, Traditional areasof crime of copyright infringement requires subjective-for-profit, however, in a networkenvironment, how to identify the "Indirect commercial purposes"; if it is necessary onthe existence of "commercial purposes"; whether the database, copyright technologicalprotection measures and rights management information should be protected inCriminal Law; whether the digital behavior and erection PW, plug should be subject tocriminal law sanctions; what aspects need to be considered in criminal offenses, etc.In this paper, some foreign-related legislation are introduced and commented. In UnitedStates, it cancel the "commercial purposes" after "the U.S. government v. Rama Kia "case. Although its copyright infringement legislation is relatively narrow in the scope ofprotection of objects, But its copyright technological protection measures and rightsmanagement information protection technology is worthy of our reference. In Frenchlegislation, the crime of abuse of electronic information objects and behaviorexpressions are relatively broad, relatively speaking, the scope of protection is also great. Especially its considerable attention to the infringement of the database, and its speciallegislative. In addition, the French civil and criminal legislation binding mode isparticularly worthy of our attention. Legislative model in Germany of the copyrightinfringement sanctions is a subsidiary of criminal law, which defined in terms of the"German Copyright Law" in order to ensure convergence between the two. And it take acombination of private prosecution and public prosecution on litigation. And nocriminal plot is also rather special. We should also concern about Japan’s legislativeresponse to the Internet age and International Convention’ requirements for the nationalcriminal legislation. This paper argues that the impact of these new technologies and new behaviors havegenerated can not be overlooked, our criminal legislation should respond as soon aspossible. In this paper, I put forward some suggestions in aspects of subjective purpose,protected object, behavior of the infringement and the plot of the crime to respond to theneeds of the Internet age of copyright protection.