The Principle Of Technology Neutrality In Copyright Law

Science and technology are the eternal theme of the development of the times.In the modern society,Internet technologies are closely integrated with various industries.Copyright owners,network service providers and network users all benefit from Internet technologies.Moreover,the development of technology has also created an unprecedented threat to the interests of copyright owners.Therefore,special attention should be paid to the balance between the development of science and technology and the protection of the interests of copyright owners.Divided into four parts,the paper explores the application of the technology neutrality principle in the field of copyright law.With the “Thunder Case” as an entry point,the first part of the paper discusses whether the technology neutrality principle is applicable to this case.It is pointed out that the technology neutrality principle is not an illegal place to tolerate network infringement,the neutrality of technology itself does not mean that the use of technology is also neutral,the applicability of this principle should be accurately grasped based on clearly distinguishing technology neutrality and indirect infringement,so as to prevent online infringement under the cover of the technology neutrality principle.However,while emphasizing copyright protection,we should also pay attention to the reasonable application scope of the technology neutrality principle,for an infinite expansion of copyright is bound to hinder the development of technology.The second part demonstrates the rationality of the technology neutrality principle.The technology neutrality principle has been controversial since its establishment in the field of copyright law because of the Sony case.Whether this principle should be abolished or nor has been the focus of discussion all the time.It is undeniable that the concept of balance of interests contained in the technology neutrality principle guarantees the development of science and technology and takes into account the interests of copyright owners.Discussions on the rationality of the technology neutrality principle can be traced back to the analysis of the neutrality of the technology itself.From the philosophical perspective,there are three viewpoints on the nature of technology,i.e.the “instrumental theory of technology”,the “value-laden theory” and the “value neutrality theory”.Among them,conducting analyses only based on the natural or social attributes of technology,both the “instrumental theory of technology” and the “value-laden theory” have considerable limitations.Nevertheless,the “value neutrality theory” clearly points out the dual attributes of technology,laying a theoretical foundation for the establishment of the technology neutrality principle.In the third part,the characteristics of the current Internet technology are analyzed,pointing out that cloud computing,webpage snapshot technology and link technology have neutral characteristics at a technical level,but the specific technology use behavior may also constitute infringement.However,it is difficult to identify the behavior of providing technical circumvention means as a violation of the exclusive rights of copyright owners.The regulation based on the mainstream view of the “indirect infringement theory” may lead to the misapplication of the technology neutrality principle.By identifying that providing the technical circumvention means has independent illegal characteristics,the applicability of the technology neutrality principle in this specific behavior is solved.The fourth part discusses whether the technology neutrality principle can function as the theoretical basis for the division of tort liability.As a special exemption for indirect tort liability,the technology neutrality principle cannot provide a defense against direct infringement.Although the technology neutrality principle has not been clearly replied in the current legislation,the “safe harbor principle” still embodies the concept of balance of interests in the technology neutrality principle.In the US judicial practice,the applicability of the technology neutrality principle has been continuously revised by establishing “contributory infringement”,“induced infringement” and “vicarious responsibility”,and the application scope of the technology neutrality principle has been adjusted.However,China has not established clear standards on the application of the technology neutrality principle yet,which has caused the abuse of this principle.The introduction of “vicarious responsibility” and “red flag standard” has made up the single standard of judging infringement in judicial practice,which is conducive to perfecting the application of the technology neutrality principle in judicial practice.The emergence of new technologies has made information circulation efficient and the interaction of funds faster than before in the Internet environment.In addition,due to the complex and frontier characteristics of network technology,copyright infringements have become diverse.The key to safeguarding the development of science and technology and protecting the legitimate rights and interests of copyright owners is to clearly define the relationship between indirect infringement and the technology neutrality principle.