| With the rapid development of Internet technology,there are many behaviors of infringing copyright by using information network,such as deep link behavior and online game plug-in behavior.In the new era,the copyright infringement should be evaluated accurately according to the relevant provisions of our criminal law.This paper focuses on the dispute of judicial cognizance of the behavior of copyright infringement crime,and analyzes the behavior of copyright infringement crime with the help of analytical conclusions,combining with the latest regulations and related theories in China’s Criminal Law Amendment(XI).As a statutory criminal,the crime of copyright infringement follows the principle of "secondary illegality",and "copying and distribution" and "information network dissemination behavior" are all aimed at protecting the right of copying,distribution and information network dissemination;Reproduction behavior refers to the behavior of making copies of works to reproduce works;Distribution is the act of providing works to the public mainly through sale;The extension of copying and distribution includes copying and copying and distribution,and the distribution behavior carried out by selling alone should be included in the regulation scope of the crime of selling infringing copies.Information network communication behavior includes the behavior of providing works without permission of the obligee and the behavior of providing network services for the actor who knows or should know that the actor provides works without permission.The demarcation standard of the two behaviors should adopt the legal standard,that is,whether the implementation of the behavior requires permission of the obligee or not.The behavior of deep linking makes the dissemination of works in cyberspace beyond the control of the obligee,and should obtain the permission of the obligee.Therefore,it should be regarded as the behavior of providing works,and the crime of copyright infringement should be established.Technical measures are self-help measures taken by the obligee to protect copyright.The behavior of avoiding or destroying technical measures explicitly prohibited by criminal law is mainly to deal with the risk that copyright in network society is vulnerable to infringement,including direct circumvention behavior and indirect circumvention behavior of providing others with tools or services to avoid or destroy technical measures.The behavior of using and selling online games plugins corresponds to direct circumvention behavior and indirect circumvention behavior respectively.The act of infringing copyright by avoiding or destroying technical measures should be recognized as the crime of copyright infringement,while the act of making plug-ins of online games is attached to direct or indirect circumvention,and should be regulated by civil or administrative accountability. |
