Indirect circumvention of technological measures in the information network space presents"independence"and"subordination",need to be judged in specific cases.The indirect circumvention of technical measures should be classified according to different standards around the degree of infringement of legal interests.According to different types of behavior,the criminal policy of criminalization,misdemeanor and heavier crimes is adjusted at the macro level to accurately guide the criminal law protection of copyright technical measures,so as to avoid the dilemma of"civil punishment hanging upside down"or ineffective protection.At the micro level,we should grasp the essential differences of different types of behaviors within the crime of copyright infringement,properly apply the charges,further clarify the criminal theory system positioning of the"circumstances"of the"serious circumstances"of the indirect effect of technical measures,and reshape the criminal standard measurement system that fits the characteristics of the information network era,so as to prevent the improper expansion of the criminal circle.
关键词
著作权/技术措施/间接规避技术措施/类型化/刑事归责
Key words
copyright/technological measures/indirect circumvention of technological measures/typology/criminal attribution
维普
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