On Fair Circumvention Technological Measures

In order to combat piracy and protect they legal rights,copyright holders have made use of so-called technological protection measures that are aimed at regulating the copying.However,in this fast-changing digital network environment,technical measures vulnerable to circumvent or cracking,national legislation began to publish the Anti-circumvention law,driven by copyright holder.Yet,Anti-circumvention law but also have a negative effect,the technical measures to protection legislation is followed by a "fair use" failure problem,it is reduced the public rights and interests of the space.As a result,at the same time,technical measures for copyright legislation in forbidden to evade technical measures,also must consider how to balance public use space problem.Analyzing the anti-circumvention legislation present situation and its corresponding measures,this paper in order to analysis of our country's problem of anti-circumvention legislation and its causes,puts forward to general exception "Fair circumvention ",to cover the the limits and conflicts with the traditional copyright system,find a set of anti-circumvention legislation system which accords with the situation of our country.In this paper,the main content is as follows:Firstly,analyzes different legislative mode of the technical measures law.Analysis of WCT and WPPT,discuss four different types of legislative model about the United States,the European Union,Australia,Japan,the characteristics of different legislative modes are obtained.And then analyzes that how the Anti-circumvention law influences the traditional copyright law system on the social and public interests.then finding the reason that one the one hand,"fair use" can't meet the demand of the present,one the other hand,the Anti-circumvention law has a tendency to set up the "termination right" copyright law and sort of technical measures effectiveness standards.Then it is based on the above situation that suggests legislation mode for our country's and put forward "Fair circumvention" as a general exceptions to the law.and from different angles.Finally consummates our country's Anti-circumvention mode,analysis of the introduction of "Fair circumvention" general terms andgenerally applicable conditions.At the same time.At last,it analyzes "Fair circumvention" exception can be integrated with the existing law system.