Research On Legal Issues Of Copyright Technical Measures

Technical measures are effective means to protect their own interests,but the means and methods to avoid technical measures came into being,so that the interests of copyright holders are damaged.In order to curb the avoidance of technical measures,the World Intellectual Property Organization(WIPO)and various countries have stepped up legislation on this issue.Although countries have conducted a series of legislation and explanations on technical measures,their specific trial standards still raise controversy when it comes to technical case-related cases.Nowadays,our country is making the third revision of the Copyright Law,the recently published draft,and the technical protection measures and rights management information as a chapter to clarify its unique legal attributes and different protection methods.However,from the content of the manuscript review,its attention more than,but the lack of planning,technical measures involved in many criteria,are reflected in the terms.Therefore,this article through the United States,"World of Warcraft" case analysis,to explain the technical measures in the "effectiveness" standards,as well as to avoid technical action and copyright infringement of the relevance of the technical measures to try to make useful recommendations.This article is divided into five parts,the first part of the "World of Warcraft" case of the basic case,and extract the technical measures of the dispute: how to distinguish between technical measures,how to determine the effective technical measures and to avoid contact with the control action behavior and copyright infringement Of the association.The second part to the fourth part is from the current legal provisions and legal theory to elaborate and analyze the three controversial points.The first controversial point of discussion deals with two parts.First of all,it summarizes the significance of distinguishing different types of technical measures.Secondly,it discusses the methods of distinguishing between technical measures and evaluates the advantages and disadvantages of these methods.The second argument is the "effectiveness" of the technical measures,which consists of four parts.First,it discusses how the technical measures need to be achieved in order to be identified as effective technical measures;then discuss the technical measures to achieve what kind of defense strength can be identified as effective technical measures: immediately followed by the law of economics The paper discusses the criteria of determining the effectiveness of technical measures by the resource allocation function of technical measures;finally analyzes and details the "general user standard" of "effectiveness".Thirdly,this article analyzes the two kinds of judging standards in American jurisprudence,expounds the construction of two different standards in the United States court,and analyzes the contradiction behind the technology of the technical dispute and the infringement of copyright infringement.The concept and viewpoint of the measures are analyzed,and the defects of two different rules are analyzed respectively.Finally,the applicable conditions of the two different rules are analyzed from the perspective of copyright and carrier.The fifth part analyzes the current situation of the relevant legislation of technical measures in China,and puts forward the corresponding legislative suggestions for the problems analyzed in this paper.