The Deficiency and Correction of the Legitimacy of Network Copyright Litigation
With the advent of the era of big data,commercial rights protection caused by the popularity of web crawler technology has become prominent,and the existing network copyright proceedings have produced unfair phenomenon in the settlement of network copyright disputes.Due to the technical characteristics of Web crawler and the limited judicial resources,copyright owners often adopt the form of joint litigation the copyright often adopts the form of joint litigation in order to protect their interests.However,in view of the difficulty in identifying the subject and purpose of joint litigation,and the invisibility of the network and the complexity of electronic evidence collection and identification,copyright owners actively or passively choose commercial rights protection,which in-tensifies the lack of legitimacy of network copyright litigation.Its internal manifestations are the imbalance of copy-right owners'concept of safeguarding rights,the cognitive deviation of Web crawler users and the failure of judicial trial mechanism,and its causes involve sociology of law,economics of law and philosophy of law.In order to correct the lack of legitimacy of network copyright litigation,balance the right protection of copyright owners and the crea-tion and dissemination of works,we should follow the law of free market,change the way of litigation benefit and improve the copyright litigation system,so as to adapt to the development of network technology and the needs of social public interests.
web crawlercommercial rights protectionnetwork copyright litigation
万方数据
