On the Protection of Information Network Transmission Right by Criminal Law
Zhigang Chen · 2008
According to Copyright Law,we can affirm thatcopy and distributionandthe right of information network transmissionis inevitably different.The judicial interpretation of the Supreme People's Court and Supreme People's Procuratorate stipulatethe information transmission via networkascopy and distributionin copyright crimes.Analogy explanation makes it difficult to carry out the principle of a legally prescribed punishment in criminal judicial interpretation,and criminal judicatory explanation should avoid the phenomenon of the revivification of analogy system through analogy explanation.