Abstract
Although laws may be restricted by national borders, the relationship between technology and laws can surpass the border universally, which obviously manifests in the system of anti-technique circumvention rules due to the infinite of network. Since the EU and America have accumulated quite a lot of experience and lessons regarding anti-technique circumvention rules of legislation and judicature with an early start, we can learn from their anti-technique circumvention rules to perfect China’s relevant legislation, which can provide enough guarantee for technology protection measures first, and then, copyright owners will be stopped to realize interests beyond laws by technology. From my point of view, the current Copyright Law in China should be changed by including it to the Article 47 of copyright infringement.
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Notes
- 1.
Sony Corp. of America v. Universal City Studios, 464 U.S. 417, 442 (1984).
- 2.
Jiang and Zhao [1], p. 203, p. 4.
- 3.
Ibid.
- 4.
http://www.riskcultureinsights.com/, and also see Adam et al. [2].
- 5.
Lash [3].
- 6.
- 7.
Giddens [4].
- 8.
Guilda Rostama, Remix Culture and Amateur Creativity: A Copyright Dilemma, WIPO Magazine, June 2015, https://www.wipo.int/wipo_magazine/en/2015/03/article_0006.html, Accessed date: 02/15/2018.
- 9.
Ibid.
- 10.
State Administration of Press, Publication, Radio, Film and Television of People’s Republic of China.
- 11.
《2008年国家知识产权战略纲要》.
- 12.
Bryan Mercurio, The Protection and Enforcement of Intellectual Property in China since Accession to the WTO: Progress and Retreat, China Perspectives, No.1, 2012. https://journals.openedition.org/chinaperspectives/5795?file=1, Access date:07/24th/2018.
- 13.
Menell [5], p. 1363.
- 14.
Ibid.
- 15.
Coglianese [6].
- 16.
Qian [7], pp. 309–310.
- 17.
Ibid.
- 18.
The First Copyright Law of People’s Republic of China was enacted in 1991.
- 19.
Clinton, Hilary., “Internet Rights and Wrongs: Choices & Challenges in a Networked World”, http://www.state.gov/secretary/20092013clinton/rm/2011/02/156619.htm. 15 February 2013.
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Xu, C. (2020). Status Quo and Foreground. In: Regulatory Model for Digital Rights Management. Springer, Singapore. https://doi.org/10.1007/978-981-15-1995-6_9
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