At present,the application of technical measures of copyright protection represented by NFT technology has gradually emerged in practice in China,and the problems arising from it have also attracted considerable attention.For example,there are discussions on the application of the principle of exhaustion of distribution right of traditional copyright in the digital network environment under the guarantee of technical measures.However,the existing research currently in China about the principle of digital exhaustion has discussions and deficiencies in both normative interpretation and legal application.Therefore,based on the so-called'the first case of NFT digital works infringement in China—the'Panghu da Yimiao'case',it is necessary to clarify and improve that.After the case analysis,it is believed that there is a possibility and justification for the application of the principle of digital exhaustion in the context of NFT technology.Further,based on the current law and judicial practice in China,while the relevant norms themselves are improved.Meanwhile,the Chinese Supreme Court can guarantee the stable application of this principle in the era of digital economy for instance by issuing corresponding judicial interpretations and issuing guiding cases.
NFTdigital worksdigital exhaustiondistribution rightright of communication on the information networks'Panghu da Yimiao'case
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