| Anti-circumvention Rules in the Information Network Environment in the US, UK and China: A Comparative Study (2009) | |||||||||||
Abstract | |||||||||||
| This paper examines the impact of the technological measures that copyrightholders employ to lock their works and discusses why users are disadvantaged. It compares the anticircumventionrules in the Digital Millenium Copyright Act in the US and the Copyright, Patentsand Designs Act in the UK; the latest exemptions to circumventing activities released by the USLibrary of Congress are included. It reviews the evolution of Chinese anti-circumvention rules,starting with a well-known case preceding the promulgation of the anti-circumvention rules, then itexamines the anti-circumvention provisions in the Copyright Act 1990, the Software Regulation2001 and the ISP Interpretation 2004. It also critically analyzes the latest Network Regulation 2006by comparing it with the DMCA and the CDPA. The paper suggests that the Chinese anticircumventionrules need to be constructed with more legal certainties. Recommendations are alsomade for additional redrafting to make China’s anti-circumvention rules more adaptive to a digitalenvironment. | |||||||||||
Publication details | |||||||||||
| |||||||||||