The Dilemma And Outlet Of The Copyright Technology Measures System In The Digital Environment

"Technical protection measures" generally refers to a variety of technical measures that by which the copyright owners or the relevant right holders of the work can control the access and replication behavior to protect their rights from infringement.Digital technology has subverted the traditional copyright protection model.In order to protect the interests of rights holders,international treaties and most national or regional legislation put technical measures into the copyright protection system.However,due to the legislative antecedent condition,it is very hasty.Technical protection measures only unilaterally pay attention to the interests of the right holders,but neglect the interests of the public,which destroys the original and fragile balance of interests in copyright law,and leads to the result of the intensified copyright expansion trend.Technical protection measures have been plunged into a digital dilemma.On the theoretical front,both of the technical protection measures and the access control measures legitimacy have been strongly questioned,which are contrary to the principle of balance of interests.As for the system level,the technical protection measures have a huge conflict with the "First Sale Doctrin","the fair use" and other important copyright laws.What's more,the technical protection measures even lead to overstep the boundary of copyright laws,in the name of the technical protection measures but act of unfair competition.Technical protection measures have become the driving force behind the expansion of copyright.As a developing country,the development of the digital technology and the economy is very low in China,when compared with developed countries.But with the rapid update speed of the digital technology,everything is in great change.However,the legislation of the technical protection measures is lagging behind,and the system is too scattered.The enumeration mode of the limits and exceptions is too closed and rigid,which leads to the technical protection measures cannot work as they out to do.Therefore,in the background of the third revision of China's Copyright Law,we must pay attention to solve the dilemma faced by technical protection measures.In this paper,we take the technical protection measures as the object of study,and use the comparative research methods and the legal axiology,through the study of WCT and WPPT and the relevant legislations in major countries or regions,and the comparation of advantages and disadvantages,overcome our own weak points by learning from each other's strong points.Combined with the classic cases at home and abroad,this paper will analyze the current situation and problems of technical protection measures in China,and tries to establish the legislative principles,and the additional restrictions and exceptions,to improve the relevant legislation of technical protection measures by taking "limitation of rights" as the main direction,and help us find a way out of the dilemma of the technical protection measures in digital environment.Apart from the introduction,the text is divided into six chapters:The first chapter is the concept and classification of copyright technical measures in digital environment,which analyzes the digitalization of the copyright protection of objects and the new forms of copyright protection in the digital environment,.It focuses on the definition of the technical protection measures from the aspects of legislation and academic research.According to the nature and function,technical protection measures are classified in order to be truly discriminatory in legislation and injudicial practice.The second chapter is about the theoretical controversy and analysis of the technical protection measures in the digital environment.Starting from the legal nature of the technical protection measures,it is clear that the technical protection measures are the right way of the right holder to enjoy the rights of private power rather than the creation of copyright law,and this chapter will further analyze that the access controls technical measures which should be guided by "protection of legitimate interests" to solve theoretical disputes.The third chapter analyzes the legal system conflict caused by the technical protection measures in the digital environment.It analyzes the strong impact of the technical protection measures on the "First Sale Principle","Fair Use" and the competition order.As for the reason of the conflict,at the beginning of the legislation of copyright technical measures,it is over inclined to the interests of the obligee but ignores the public interest,which breaks the original balance of interests.And that is the root of the contradiction.The fourth chapter is the legislative status and defects of China's copyright technical measures under the digital environment,this chapter first introduces the current legislation of technological measures of copyright system,and pointed out that China's related legislation and judicial practice exist the problems that the limitations and exceptions are too rigid which must be solved.The fifth chapter is the investigation of extraterritorial legislation of technological measures of copyright system,introduces the formation and development of WCT and WPPT two international treaties,as well as major countries or regions in the United States,Japan and the European Union as the representative of the legislative characteristics and the status quo,analysis of the advantages and disadvantages of various provisions for our reference.The sixth chapter is the solution of China's copyright technical measures system in digital environment,which embarks from the legislative status and defects of China's copyright system of technical measures,and then draws lessons from international and foreign countries of outstanding legislative experience so that China can learn from it.We should take "Rights restrictions" as a guide,and then abide by the principle of"balance of interests" in order to maintain reasonable use,clear the "first sale" principleto protect the interests of consumers,highlight the "prohibition of abuse of power " to guide the principle of fair competition,and reflect the principle of "neutral technology"to return to the original intention of the system of technical measures of copyright.In addition,this chapter points out that China's technical protection measures in the legislative and judicial practice exists scattered and limited problems in the system.In addition,we should perfect the restrictions and exceptions in the legislation of copyright technical measures system.At the same time,we should establish the legal obligations and responsibilities of the obligee who adopts copyright technical measures,and develop a regular assessment system in the copyright law to increase restrictions and exceptions in order to meet the ever-changing characteristics of digital technology for our technical protection measures and finally find a way out of the digital dilemma.