The Impact of Graduated Response on the Copyright Protection from the View of Balanced Interest
Department of Communication and Technology
|Keywords:||著作權法;三振條款;著作權警報系統;網路服務提供者民事免責規範;copyright law;graduated response;three strikes;copyright alerts;DMCA safe harbors|
It has been widely acknowledged that disconnection of Internet access is an invasion of fundamental right. Recently the media and entertainment industries were seeking the self-regulatory measures or legislation to curtail the litigations of copyright infringement online. The ”Graduated Response” was introduced in 2008 by the right owners jointly with ISPs to implement the measure of Internet disconnection on the repeated infringers. This measure has been criticized for it is lack of due process and proportionality. In July 2011, the big labels and ISPs jointly adopted ”Copyright Alert System” and asserted to send multiple notices to the alleged infringer. In spite of not required implementing the disconnection of Internet, ISPs may punish accused subscribers by the ”mitigation measures.” ISPs are gradually partial to the right owners due to the safe harbors stipulated in the Digital Millennium Copyright Act of 1998. The room for users to fairly use and sharing are reduced and thus the balanced relationship among right owners, ISPs and users has been destroyed. This paper is to discuss how to preserve the public/private interests of knowledge flow and infringement combat and how to build up a well-balanced copyright protection, so as to discover the core meaning of copyright.
Journal of Cyber Culture and Information Society
|Appears in Collections:||Journal of Cyber Culture and Information Society|
Files in This Item: