On The Doctrine Of First Sale Of Digital Copyright

With the rapid development in the information age,we have ushered in the 5G era.In a highly information-based social life,digital and virtual things have gradually entered people's lives,bringing a high degree of convenience.People find it in the digital environment.Many alternatives to traditional consumption.In terms of access to books,music,movies,and game software in cultural consumption,copyright service providers have gradually developed and enriched online communication methods with the development of computer technology and the Internet.Consumption Read e-books,enjoy digital music movies,and download electronic software through the Internet.Consumers are relieved of the fatigue of offline purchases,service providers also save the cost of physical printing and recording,without the existence of physical carriers,can the "first sale doctrine" applied in the traditional copyright field continue to play a role in the digital environment It became a tricky question.In the traditional copyright field,the principle of first sale is to protect consumers' property rights in the purchase of the carrier of the work,and to limit the rights of the copyright owner to a certain limit.In the digital environment,due to the absence of physical carriers and the convenience of making copies of digital documents,if the application of the principle of first sale is acknowledged,it will cause damage to the primary market of copyright owners,and may also lead to the proliferation of piracy.Recognizing the application of this principle,the property rights of the consumer are subject to unbalanced restrictions.The main obstacles to the application of the principle of first sale in the traditional copyright field in the digital environment are the characteristics of the same quality of the copy and the original file,and the uncontrolled nature of the copying behavior.Regardless of the basis of the cases in the United States and Europe,the core of its jurisprudence results is still "recognizing controllable resale and does not support unsecured resale." At the theoretical level,the dispute is whether there is an issue in the digital environment? Is the dissemination of digital works a "sale" or "authorization+permission" pattern? Although China only stipulates the "information network transmission right",it does not prevent the existence of distribution activities and the essence of the right to issue in the digital environment.The "information network transmission right" was established to confirm all information publishing activities in the digital environment,including the distribution of digital works.Although many digital work service providers have provided digital works to the public in various ways,they have indicated to users through unilateral documents such as user usage agreements that copyright service providers provide digital works.The use of works by users is a kind of "authorization+permission" behavior.But it does not all conform to the essence of the "authorization+permission" pattern.In some cases,consumers' characteristics,both in appearance and in obligations,are characteristic of the relationship.Therefore,the legal relationship should also recognize and guarantee consumers' rights as a party to the sale relationship.Both atthe theoretical level and in legal practice,the feasibility of applying the first sale doctrine in digital copyright has been proven.In practice,some works can be controlled by digital works under resale account binding to ensure controllable copies Transfer of ownership.That is to say,although the application of the principle of first sale in digital copyright is acknowledged,not all digital works can currently meet the technical requirements for controllable resale,and need technical follow-up support in the future.The limited application of the first sale doctrine in digital rights is the ideal situation under the present circumstances.