The Research Of Criminal Copyright Infringment In Network

This paper chiefly analyses the reconstruction of criminal copyright infringement in network.In 2011, the new legislation was issued to provide a wild scope of criminal behavior and profit motive of the infringers in network, which was accompanied by increasing controversy between academia and criminal enforcement.Firstly, starting from the current copyright system, the paper states the difficulties occurred by the traditional criminal legislation and court justice in Internet. As to the characters of network some scholars support hiding the criminal protection of infringing copyright. It is necessary to discuss the pros and cons.Secondly, the paper's main contents focus on three chapters. Each part introduces the details of the crime of infringing copyright from object to subject. Part I explains the profitable purpose changing in the Internet which is divided directly and indirectly. Part II inquires whether the “tangible” original or copies of works should be applied as a standard in order to separating distribution and other rights, especially online delivery and sale. Part III tries to redefine the new benchmark like “content of clicks and numbers of registered members”, which is unique behavior in Internet.Lastly, the paper comes up with a reconstruction of criminal copyright infringement in network such as canceling commercial purposes. In macro level, the right of distribution exists in network and not requires the transfer of ownership. The numbers of registered member and clicks should be eliminated unreasonable status. The paper is hoping to help solve the current predicament of criminal copyright infringement and provide a reference for judicial practice.