Research On The First Sale Doctrine Of Digital Works In The Network Environment

In traditional circumstances,the principle of first sale is crucial and irreplaceable.It is used to limit the right of distribution of the copyright holder.It not only clarifies the copyright issue and the limit of the power work carrier all rights,promote the balance of interests between the copyright owner and the works of consumers,to ensure that traditional works can continue to circulate again,protect the traditional works consumers access to resources timely,promote the development of social culture.In many countries,the United States and the European Union in the world for the applicability of first sale doctrine of different views,in the network environment is mainly because each one airs his own views,the traditional environment meet the applicable conditions of first sale doctrine can not meet in the network environment.The first is the first sale doctrine case in the network environment is the EU court Oracle Corp v.soft case in 2012,the first case of the first sale doctrine shall apply.For the essential element of the doctrine of first sale of the network information technology and the traditional theory and practice of analysis can be found,many difficulties encountered in the first sale doctrine under the network environment,such as network behavior issue identified the nature of digital works,the nature of the transaction and analysis of what can be solved by the behavior control of copyright.If the above difficulties can be overcome,it should be recognized that the secondary market for digital works should be legal.Therefore,it is suggested that under the circumstances that many problems have not been clearly understood,it is necessary to adopt an open attitude to the principle of first sale and digital works on the basis of the present technological development situation.This paper first analyzes and interprets the two classic cases of court of America and the European Court of justice,and clarifies the basic position and the main point of contention between the two courts.Secondly,back through the traditional environment of first sale doctrine of production purpose and the specific applicable conditions,analysis of the digital works which is applicable to the network environment encountered legal obstacles and in fact.Then,through in-depth analysis of relevant theories and practices,it is necessary and possible to apply the principle of first sale in the network environment.Finally,according to the above argument and analysis,we can draw the conclusion of this paper.At the same time,we suggest that the principle of first sale can be applied in some circumstances.The premise is to meet certain conditions and to protect the balance of interests.