The Dilemma Of Judicial Application Of Copyright Infringement In The Network Environment And Its Improvement

The development of information technology has brought convenience and innovation to people’s lives.However,every gift of technology or science has its dark side.While copyright holders rely on the openness of online platforms to break the original time and space restrictions and welcome more new opportunities.Others have also spied on opportunities to abuse cyberspace to commit criminal acts for profit.The development of digital technology has provided a new space for storing different kinds of works,and the Internet has long been a major channel for information dissemination,and its technological features have brought about many new technological copyright social issues and conflicts.The highly open nature of the Internet facilitates the dissemination of knowledge and makes crimes against copyright more socially harmful.Criminal acts against copyright not only damage the rights and interests of copyright owners but also undermine the normal order of society.The number and difficulty of the resulting new problems of judicial application are increasing day by day,and have become an important issue that needs to be addressed urgently in China’s cultural industry.Although the Amendment(XI)to the Criminal Law has made a positive response to the improvement of the criminal law protection of copyright,there are still many unresolved problems in practice.In the face of various new types of crimes in the network environment,there are still many difficulties in the criminal judicial application of the crime of copyright infringement in the network environment,mainly in the following aspects: the difficulty in determining the element of "for profit";whether the creation of network "plug-in" programs should be considered as a crime of copyright infringement;and the controversy over whether the crime of copyright infringement should be considered as a crime of copyright infringement.There is still a controversy as to whether the production of online "plug-ins" should be regarded as a crime of copyright infringement;there is also disagreement as to whether "aggregated links" should be regarded as a crime of copyright infringement;the provisions of Amendment(XI)to the Criminal Law concerning "technical protection measures" have to be connected with the Copyright Law,resulting in the scope of protected technical measures being greatly restricted.The scope of protected technical measures was greatly restricted,making it difficult to apply item 6 in judicial practice;the scope of criminalization of circumvention of technical measures under Amendment(XI)to the Criminal Law omitted the issue of "providing means of circumvention";the filing standards such as "amount of illegal business operation" were difficult to be reasonably applied in judicial practice In judicial practice,it is difficult to reasonably apply these criteria.In this regard,this article proposes solutions from both legislative and judicial perspectives: the legislative aspect is to adjust "for profit" from an incrimination criterion to an aggravating circumstance;to adjust the filing criteria for copyright infringement;to expand the scope of incriminated technical measures for circumvention,to comply with the relevant terminology of the Copyright Law,and to achieve an orderly convergence between criminal and civil protection of copyright.The criminal and civil law should be harmonized in an orderly manner,and "access control measures" used for computer programs should be explicitly protected,so that the copyright of the creator can be fully protected.On the judicial side,the aggravating circumstance of "for profit" is set;the act of "external hang-ups" is deemed to constitute an infringement of copyright;the act of "aggregated links" is deemed to constitute an infringement of In terms of sentencing standards,the specific amount of damages incurred by the copyright owner as a result of the criminal act should be taken as the standard for sentencing.