Technological Measures and Copyright Protection
|School||Huazhong University of Science and Technology|
|Keywords||Microsoft’s black screen Copyright protection Technology measures|
In October 2008, Microsoft China released Windows Genuine Advantage Notifications (the WGA) and Office Genuine Advantage Notifications (namely OGA), that ’s to say, if users do not verify their software, their computer will have a black screen or a warning identification.The incident make a splash in China, It’s unexpected but reasonable that Microsoft tooke such extreme measures .Owing to the lack of China’s Intellectual Property regulation, the deficiency of law enforcement agencies of copyright protection, and the inefficiency coupled with the high cost of judicial litigation, the majority of software obligees like Microsoft probably abandon the judicial resort and compromise to use technical measures to protect their own copyright. Technical measures are divided into three types such as preventive technical measures, identifying technical measures and sanctioning technical measures, however, only preventive technical measures are binding in both national and international law, therefore, sanctioning technical measures as the "Microsoft’s black screen" is still blank in law, it’s essentially a private relief that an obligee take measures to protect their own rights when their rights are infringed.This paper described "Microsoft’s black screen" as a case with a view to comprehensively mastering the essence of the black screen act, by illustrating the sequence and background of the event and analysing the legal nature of the act, and then elicit the theory of digital copyright protection. In addition,I posed some superficial ideas about the nature and legitimacy of sanctioning technical measures,and several relevant proposition to legislative and judicial problems,expecting that with the help of previous basis we can find some lubricants between copyright protection and right conflict,also i hope that when abuse of technical measures of copyright is prevented, the rampant software piracy in the domestic market can be alleviated likewise, and finally we can have a healthy, harmonious and stable digital industry markets.