The“Para-copyright”Effect of the Copyright Anti-circumvention Clause and its Legislative Responses
LU Chun-xi · Journal of Foshan University · 2015
The emergence of technological measures and anti-circumvention provisions is to restore the exclusive of works with pure public goods attribute in the digital era and to provide incentives for creators.However, the existence of technological measures and anti-circumvention clause actually grant the copyright owner an access right, resulting in a Para-copyrighteffect which impairs the public interest. During the third amendment of the China Copyright Law, only by revising the type of the anti-circumvention clause,guaranteeing the realization of the exception of the anti-circumvention clause and punishing the illegal behavior of encryption can we reconstruct the system of technological measures, reshaping the balance of the interests under the network environment.