Problems and Resolutions to Copyright Protection in Digital Technological Development—From the perspective of examining the Copyright Act

• Main Authors: Teng-sen Deng, 鄧詹森
• Other Authors: jack lu
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/90373722397319255498

碩士 === 東吳大學 === 法律學系 === 97 === Digital networking has brought us into an electronic age; to accommodate all kinds of electronic devices, the government has made every effort to promote both software and hardware, giving rise to electronic businesses that spurred the population of the Internet users to over 15.8 million. The government then carried out “M-Taiwan” and “U-Taiwan” to realize the dream of networking society and lifestyle. A new type of culture was also formed—the Internet culture. Nevertheless, digital network is highly used to download, forward, and edit others’ music, movies, books, pictures, games and software, causing copyright torts and transmission of intellectual property. In the initial stage of scientific and technical development, writings became a testing sample of network technology. Problems such as digital reproduction leading to temporary copying and MP3 torts, controversy of public transmission deriving from P2P transmission, the responsibility of ISP for providing the Internet service, and technical protesting measures limiting academic freedom, are all resorted to litigations. Although it is the only way, I personally deem that technology and writings can altogether create a new economical pattern and multiple developments. Thus, we must keep in mind that “the law of literary property rights exists because of technology and varies rapidly with technical development” and seek for collaboration, search for commercial profit, and help the national culture to move forward. To cope with copyright torts resulting from the development of digital networking, every country has revised its copyright law on temporary reproduction, public transmission, electronic rights management information, technological protection measures, and ISP responsibility. However, there are still doubts about whether the new law could put bounds to online behaviors and conform to the general concepts of the society. There seems to be no sign of an end to digital music reproduction and P2P transmission. Also, problems on the effects to public welfare of technical protecting measures, the limits and reasonable diminishments of users’ rights, shuffles of the network market, and the controlling rights of network development are still under debate. Taiwan is no exception to these doubts, and therefore has been establishing regulations since 2003, including the criminal responsibility of P2P. Nonetheless, the controversies and conflicts between technology and copyrights are yet to be solved. In my opinion, technical technique and methods of use should be the primary concerns when establishing network using stipulation regarding copyright. Thus the stipulation could be written properly and feasibly. In other words, I am appealing to the public for the concept of “in the prerequisite of technology, it is a natural conscience to protect copyright under the truth that technology does exist.” We should re-evaluate the problems we face with writing and technology combined. For instance, could traditional law of literary property right restrict digital writing and temporary reproduction? Could it strike a balance between the neutrality and reasonable method of use of network transmission and the protection of writers? If all the above are thought over, the way to peaceful coexistence shall emerge. The development of digital networking has made an impact on writings to some degree, but rather than preventing writing career from flourishing, it urged writing career to innovate and transform, creating greater economic benefits and cultural value. However, people who own copyrights are emphasizing the protection of writing works. As a result, overprotection might occur, ending up in an eternal vicious cycle of opposition and competition between technology and writings. Hence, the government must disburse rational social cost to protect digital writings, share the innovational development of technology, promote the spirit of normal Internet culture development, and take all-embracing measures to modify laws so as to balance copyrights and networking according to the development of technology. Technology ought to advance the delivery of writings, and the law of literary property rights must help technology develop. Copyright owners who benefited from network should take their responsibilities of management, calling for loosening the stipulations of temporary reproduction and public transmission, suggesting adjusting the law regarding ISP responsibility, implementing network obligations of copyrights owners, rationalizing the regulation of technology protecting measures, enlarging the range of reasonable using, and adjusting the rights and obligations of writers and users. The ultimate goal is that copyright owners, technique providers, and network users could all get the most out of network technology.