Abstract:
The criminal liability of the anti-technological measures circumvention provision of the Copyright Law has been implemented through the Amendment (XI) to the Criminal Law, but the legislation does not take sufficient care of the structural integrity of the type of behavior, and coupled with the imbalance in the configuration of the crime of copyright infringement itself, how to clarify the scope of regulation through the revelation of the legal doctrinal structure has become an urgent issue to be resolved. The legal interest of copyright infringement is the specific property rights of copyright owners and neighboring rights holders. Copyright infringement by circumvention of technological measures is an infringement on the legitimate interests of others based on legal interests and poses a real danger to the complete realization of legal interests, which is a specific danger crime. The connotation of direct circumvention is the pure result of invalidating the technological measures for the perpetrator, and avoidance and destruction are only the rhetoric of the behavior rather than the representation of the wrongful conduct; under this premise, providing others with the means of circumvention can prove the guarantor status of the perpetrator based on the prior behavior, and lay the foundation for the imputation of the positive crime of this crime. However, it should be combined with the administrative offense attribute of this crime to filter out the lack of protection effectiveness and technological measures of circumvention for unrelated interests, to take into account the legislative purpose of the prior law and the integration of the substantive reasonableness of criminal law needs.