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Predicament and Countermeasure

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Regulatory Model for Digital Rights Management
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Abstract

The legislation and implementation systems of copyright protection aim to protect the legitimate rights and interests of authors, coordinate the relationship between author and users, and encourage authors to carry out creations as well as widespread promotions of creations for promoting the development of scientific culture. Copyright System emerges along with the issuance of The Statute of Anne, and the recent development history shows an ever-present contradiction between private right of author and public benefits. The balance of interest of various parties is the main issue remaining to be considered while it can be said that the copyright aims to show balance. However, the development of network technology has brought unprecedented challenges for the original balanced system. Both the circumvention of digitalization and technologically protective measures of copyright demonstrate the characteristics of the network: free information flow and information sharing, which are unprecedented challenges for the right of copyright monopoly. Besides, some people even vow that the copyright shall be overturned in the network era. On the one hand, there is about the precarious benefit of copyright holders; on the other hand, there are unprecedented requirements of information sharing. Network technology does not only provide powerful information and convenient communication approach, but also tools and channels for people to probe into other people’s privacy, steal other’s commercial secrets, carry out illegal transaction, obtain improper interests, and evade liability, etc. Accordingly, some copyright holders have to set up protective measures for their information and rights. However, some hackers try unremitting efforts, aiming to crack the protection technologies. In the network era, the development of digital technique and internet has brought with unprecedented challenges for the interest of copyright holders while traditional afterwards relief measures seem powerless facing modern infringement activities. Therefore, preventive copyright protection measures emerge as the times require. At present, popular measures refer to digital right management technology.

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Notes

  1. 1.

    Wilson [1].

  2. 2.

    Gary T. Marx, “Technology and Social Control: The Search for the Illusive Silver Bullet Continues Encyclopedia of the Social & Behavioral Sciences”, 2nd edition, 2001, http://web.mit.edu/gtmarx/www/techsoccon.html.

  3. 3.

    Dara Kerr, “Netflix purges 79 movies, say goodbye to ‘Taxi Driver’”, June 30, 2014, http://www.cnet.com/news/netflix-purges-79-movies-say-goodbye-to-taxi-driver/#!.

  4. 4.

    Gladney [2].

  5. 5.

    Preamble of WIPO Copyright Treaty, http://www.wipo.int/treaties/en/text.jsp?file_id=295166.

  6. 6.

    《文化产业振兴规划》, http://www.gov.cn/jrzg/2009-09/26/content_1427394.htm.

  7. 7.

    《关于加强数字版权保护,构建国家级统一数字版权公共服务平台的提案》http://www.sipo.gov.cn/mtjj/2013/201303/t20130306_787114.html.

References

  1. Wilson DCS (Fall/Winter 2014) Arnold Toynbee and the industrial revolution: the science of history, political economy and the machine past. History and Memory, Indiana University Press, 26(2)

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  2. Gladney HM (1999) Digital Dilemma: intellectual property: synopsis and views on the study by the National Academies’ Committee on Intellectual Property Rights and the Emerging Information Infrastructure. IBM Almaden Research Center, D-Lib Magazine, 5(12). http://www.dlib.org/dlib/december99/12gladney.html

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Xu, C. (2020). Predicament and Countermeasure. In: Regulatory Model for Digital Rights Management. Springer, Singapore. https://doi.org/10.1007/978-981-15-1995-6_7

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  • DOI: https://doi.org/10.1007/978-981-15-1995-6_7

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  • Publisher Name: Springer, Singapore

  • Print ISBN: 978-981-15-1994-9

  • Online ISBN: 978-981-15-1995-6

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