Analysis Between Direct Duplicating Distributing And Indirect Duplicating Distributing In Network Environment

When it comes to the conviction of copyright,it involves many problems,such as the way of conviction of helping behavior,the determination of the subjective purpose,and the choice of the application of the crime of infringing copyright.Under the background of strengthening the protection of copyright in our country,we should start with the indispensable "copy and distribution" of conviction,and analyze the relationship between many infringements of copyright and existing "copy and distribution" from its role in infringing copyright.For the identification of copyright infringement,on the one hand,because the application of the crime itself is not clear,on the other hand,with the progress of communication technology,the way of conducting copyright infringement has become more complex.According to the increase of its behavior in legislation,the identification of copyright crime can not be completely solved.Based on the specific function of "reproduction and distribution" in the crime of copyright in communication and the elements of the establishment of copyright,this paper explores the attribution of new copyright dissemination behavior and improves the identification of copyright crime.In the analysis of copyright infringement,the basic criteria for its establishment are elaborated,and the principles to be adhered to in the determination of criminal law are analyzed.The basic analysis is made for the analysis of indirect "reproduction and distribution".Although indirect "duplicate issuance" appears more and more frequently in practice,the identification of indirect "duplicate issuance" needs to be based on the existing elements of the crime,and can not exceed the limitation of the legality of the crime.The extension of "reproduction" and "distribution" and the relationship between them are in a changing process with the evolution of communication mode.Before digital communication,the act of reproduction generally refers to the reproduction of original works on tangible material carriers for a certain period of time,including planar to planar replication and planar to stereoscopic replication.The act of distribution generally refers to the works provided by the public,including material carriers,and the most typical is the act of sale.At this stage,there is a clear difference between replication and distribution.In terms of time sequence,replication must be carried out before distribution,and replication and distribution are often completed by different subjects.With the application of network technology in the field of communication,the boundary between "reproduction" and "distribution" is no longer obvious,and the reproduction of works in the network environment coincides with the audience-oriented time.This change has an impact on the extension of the concepts of "reproduction" and "distribution" themselves.Under the network environment,the harm of indirect infringement of copyright behavior appears.Under the network environment,the indirect infringement of copyright is mainly divided into the act of providing help for gaining access to copyright and the act of providing help for the spread of works.In the process of its development,different standards have been adopted for the determination of its criminal law.Early support search function of the polymerization technology needs to store network works leading to its control server,regardless of the specific content knowledge or not are regarded it as a "copy" intentionally,this works according to the presence of after the crime that the server to control the rules referred to as "server standard",and with the progress of technology,no longer need to provide aggregated search function after service provider control server,but it works to provide users with quantity,speed is more efficient,its behavior obviously does not accord with the performance of direct invasion.Finally,through the summary of the basic acts and helpful acts in the crime of copyright,the standard of conviction of "duplication and distribution" will be reflected in the perfection of legislation.By distinguishing the different threshold of criminalization from the harm of copyright crime,the criminalization of copyright under the network environment is obviously influenced by the policy and has obvious utilitarian characteristics.It is also necessary to consider the public's right to contact excellent works and share social intellectual wealth,and to do so through the act involving "reproduction and distribution".Different threshold of criminalization,and to further improve the expression of the related "reproduction and distribution" behavior.