Study On Judicial Recognition Of Criminal Cases Of Internet Copyright Infringement

Considering the origin of copyright,both in the civil law system and the common law system,copyright started from the state licensing system.With the development of free economy,the content and scope of copyright have been continuously expanded,and it is a kind of property right granted by law.Copyright has an openness,development and balance of interests since the beginning.With the development of network technology and the arrival of digital economy,the traditional structure of copyright system is constantly being challenged,and new types of copyright infringement crimes have even troubled the traditional copyright rationality.However,statutory laws are often inherently lagging and absent,making the traditionally structured copyright system increasingly challenged,and the crimes of copyright infringement in the network environment are even more troubling to the traditional copyright rationality.In criminal judicial practice,the issue of whether the subjective element of copyright infringement crimes in the network environment "profit-oriented" exists or not;the issue of the scope of the objective element "copying and distributing",i.e."copying and distributing" and "temporary copying" and "sales" in the network environment,etc.are not clearly defined,and whether deep linking and the production and sale of online game plug-ins can be considered as "copying and distributing" is constantly debated;the issue of the quantitative number of actual clicks and registered members in the sentencing standard leads to inconsistent judgments,which makes it difficult to convince the public and undermines the judicial authority.In order to solve the above problems,firstly,while retaining the subjective element of "profit-oriented",judges should use criminal justice methods such as expanded interpretations and guiding cases issued by the highest judicial authorities to identify infringements with ambiguous profit purposes,and use non-criminal legal means such as civil law or administrative law to identify infringements without profit purposes;second,we should clearly define the controversial acts of "copying and distributing" in the network environment,i.e.,clarify that the act of "temporary copying" does not belong to the act of "copying" and incorporate the act of separate sales-type distribution into the crime of selling infringing copies.On the basis of clarifying that the act of deep linking does not belong to the act of "copying and distributing",the substantive substitution standard is adopted to identify the act of deep linking as the act of providing works in the act of information network communication;the act of making and selling online game plug-ins is identified as the act of copying and distributing in the crime of copyright infringement or the act of circumventing or avoiding technical protection measures,third,false,invalid and duplicate data in the actual number of clicks and registered members should be excluded for accurate conviction and sentencing.By clarifying the above controversies of copyright crimes in the network environment,we explore a possible path in the judicial determination of criminal cases of copyright infringement,in order to be helpful to judicial practice.