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The Comparative Study on Network Copyright Technological Measures Protection Between the China and the United States

Author: SunXiaoHui
Tutor: YuXiang
School: Huazhong University of Science and Technology
Course: Legal
Keywords: The balance of interests Technical measures Protection Abuse Avoid
CLC: D971.2
Type: Master's thesis
Year: 2011
Downloads: 48
Quote: 0
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Abstract


As the particularity of network information environment, network maintenance is also inherent copyright of their uniqueness. Digital environment, technical measures online copyright protection has become judicial practice and theoretical focus of the study one of the issues arising from the technical measures circumvention range of issues have surfaced. This requires States to adopt appropriate legislation to balance copyright and related rights of copyright owners and the public interest between the use of network information. Based on technical measures to protect online copyright US comparative study analysis reveals that technical measures to protect our network copyright aspects of the gap with the United States, and the presence of online copyright protection problems to be solved. Paper is divided into five parts technical measures on China-US Internet copyright protection start discussion: The first part is an overview of technical measures. First, the two countries through academia and the legal profession on different definitions of technical measures, technical measures summed up the basic definition, and secondly, technical measures introduced classification. Then discusses the technical measures Elements. Then focus on analysis of the technical measures to protect the plight of how to coordinate the balance of interests between the parties. The second part of comparative analysis of technical measures right. This section first systematic introduction to the technical measures subject and object. Then, the comparative analysis of the content of the right of Sino-US technical measures. The third part of Sino-US comparative analysis of technical measures limiting. In turn introduced the Chinese in the \Ci About Disclaimer digital product announcement. Through comparative analysis, refine our results in this area for improvement. The fourth part is the responsibility of US circumvention of technological measures comparative analysis. Evade responsibility for two cases: First, the direct accountability of circumvention of technological measures; second is to help circumvent technological measures responsibility. That the United States has a responsibility both to circumvent the law, while China is mainly aimed directly circumvention. This paper argues that the field of copyright for the circumvention of technological measures to provide assistance in accordance with generally illegal behavior should be investigated responsibility, otherwise it will unilaterally increase the legal protection of copyright owners to seek the costs of copyright. The fifth part of technical measures for the protection of inspiration. Through technical measures for China-US copyright comparative analysis of various aspects of proposed measures to improve our technology to protect the recommendations.

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CLC: > Political, legal > Legal
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