The act of indirectly evading copyright protection measures separates copyright from the state of being controlled and protected by the copyright owner,endangers the monopoly position of the copyright owner in the intellectual property market transaction order,seriously infringes on the legal interests worthy of criminal law protection,and needs to be regulated by criminal law.The copyright protection measures are fundamentally different from the copyright enjoyed by the copyright owner based on the work.The criminal law cannot apply the crime of copyright infringement to regulate indirect evasion of copyright protection measures.This gateway device is difficult to achieve effective and good connection between criminal and civil law.The criminal law should add the crime of"evading and destroying technological measures"as a response to the problem of lagging legal protection of copyright.The expansion of criminal law should be carried out within reasonable limits,emphasizing the"pertinence"and"effectiveness"of technical measures,the subjective elements of profit-making purposes,and exceptions to copyright protection measures,which are necessary limitations imposed on the application of the crime of evading or destroying technical measures.
关键词
间接规避/著作权保护措施/"入口装置"/刑民衔接/"规避、破坏技术措施罪"
Key words
Indirect Avoidance/Copyright Protection Measures/Entrance Device/Criminal Civilian Integration/Crime of Evading or Disrupting Technical Measures
维普
万方数据