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The Study Of Technical Measures Rules

Posted on:2015-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:J F ZhuoFull Text:PDF
GTID:2296330452460455Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In the Network era, digital works are very easy to be copied and spreaded, and thecopyright owners’ economic interests naturally greatly losses.In order to protect theircopyright interests, the copyright owners try to use the technological protection measures toprevent their work from being readed, copied and used. Technical measures rules are used toprotect copyright the interests of the copyright owner. This paper focuses on some basicissues about technical measures system including concepts, classifications and the behavioradjusted by the technical measures rules, and through comparative analysis of the technicalmeasures rules of United States, Australia, EU, UK,in order to make recommendations onlegislation in China.But every coin has two sides, Technical Measures rules have conflicts with the freedomof speech and the public’s fair use.In judicial practice.There have been some unexpectedcases, some manufacturers tried to abuse technical measures measures to monopoly parts,hinder competition.The technical measures rules have caused a lot of controversy. This papertry to discuss how to balance the interests of both, and make recommendations for thedevelopment of a more rational system of technical measures.The last chapter is about introducing the technical measures rules in our country andpointed out the shortcomings,then proposes some suggestions, including integrate theprovisions of existing laws and regulations about the technical measures, Establish theprinciple of the technical measures rules, limite the protection period of technical measures.
Keywords/Search Tags:Technical Measures, Fair use, Abuse of rights, Freedom of speech
PDF Full Text Request
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