Research On The Legal Application Of The Crime Of Copyright Infringement In The Network Environment

The crime of copyright infringement is an important part of the criminal law protection of copyright.The technological innovation of the internet leads to the frequent occurrence of new network copyright crimes.Based on this,new provisions have been added to the Amendment to the Criminal Law(11).However,in view of the particularity of the crime of infringing copyright under the network environment,the legal application of the crime is still faced with many challenges.For example,the application of the elements of "for the purpose of profit",the identification of simple chain behavior,the identification of evading technical measures,the applicable standard of harm result and so on.In view of the dispute over the retention or abolition of the elements of "for-profit" under the network environment,we insist on retaining the elements of "for-profit" and expand its scope of application by expanding the interpretation.Bring the direct profit purpose and indirect profit purpose into the subjective elements of the crime of copyright infringement,and make it clear that both belong to the increase of positive interests,and the behaviors that belong to the increase of negative interests should not be included in the criminal circle.In view of the limitation of expanding the interpretation of "issuance" to identify the simple chain behavior,it is clear that the simple chain behavior does not belong to the information network dissemination behavior or copy distribution behavior,and whether the act is convicted or not is determined according to the different identities of the chained person.If the person who is linked is an authentic resource website,the actor who simply sets up the chain does not constitute the crime of copyright infringement.If the person being linked is a pirated resource website,the actor who simply sets up the chain constitutes an one-sided accomplice in the crime of copyright infringement.In view of the qualitative dislocation of the behavior of "evading technical measures + setting up chain" and the doubt in the identification of the behavior of making and selling plug-in programs in online games,by distinguishing the boundary between "evading" and "setting chains" and understanding the basic principles of plug-in procedures in online games,it is clear that the sixth provision of the crime of copyright infringement regulates the behavior of circumventing technical measures.In view of the dilemma of the application of the harmful results of the crime of copyright infringement,we should unify the calculation standard of "amount of illegal income" and refine the standard of "number of clicks" and "number of registered members".