A Investigation of the Conduct which Acquiring the Information on the Internet and the Crime of Unauthorized Reproduction of the Taiwanese Copyright law, and the Criminal Liabilities of the RAM Temporary Reproduction.

• Main Authors: Choju,Yu-Wei, 周裕暐
• Other Authors: GAN, TIAN-GUEI
• Format: Others
• Language: zh-TW
• Published: 2003
• Online Access: http://ndltd.ncl.edu.tw/handle/11839009320247694630

碩士 === 國立臺北大學 === 法學系 === 91 === The era of Internet has begun. Varieties of electronic merchandise with the Internet boundless peculiarity has been connecting people tighter and interacting more frequently. We use such kind of electronic technology in these fields from business, transportations, communications, even to crime investigation. However, there are some disadvantage of this technology. The Internet users reproduce and download the work of another person without limit because of the convenience of Internet, and this situation also challenge the protection of copyright. In addition, the American government keeps requesting Taiwan authorities to expand the copyright infringement into public prosecuted punishment and to increase the relevant penalty. This issue has been disputed in this land and contributed to the amendment of Copyright Act. This essay is written to discuss the position of Unauthorized Reproduction in Article 91 of Copyright Act from the aspects of the purpose of Copyright Act establishment and the application of Copyright Act in Internet world. The context includes the definition of “Reproduction”, whether the Ram temporary reproduction equals to the concept of Reproduction in Copyright Act, the position of principle of fair use in Criminal Code, and how it apply to particular cases. In the end, the question about the exemption of Unauthorized Reproduction of Article 91of the Copyright Act is discuss from these aspects of decline-restraint principle in criminal penalty, the protective intellection of legal interest, international legislative trend, and law economics. At meanwhile, some advices are proposed.