英语论文网

Network refers to the network environment works of literary, artistic and scientific domain with originality and can be replicated in some tangible form of intellectual creations and achievements of the intellectual creation is linked to the network , but changed by the computer works without visual manifestations for the new works . Internet copyright refers to the network of their original copyright holders the exclusive right to enjoy the network works , including moral rights and property rights.

据中国卫生部，工业和信息化部发布的统计数据显示，2009年，中国的互联网用户数量净增了80多万，达到3.84亿，继续位居世界第一。随着日益庞大的人口的网民和网络通信工程，网络著作权侵权的现象越来越普遍，越来越严重的网络著作权侵权案件也将增加。

According to Chinese Ministry of Industry and Information Technology released statistics show that in 2009 , the number of Internet users in China a net increase of more than 80 million , reaching 384 million , continues to rank first in the world . With an increasingly large population of Internet users and network communication works increasingly common phenomenon of network copyright infringement increasingly serious network copyright infringement case also will be increased, which is typical of the famous cases are: Wang Meng and other six writers v. Century Internet Communication technology Company, Limited, Xingliang v. Chinese digital library , Limited, Shanghai Busheng Music culture Communication Co., Ltd. v. Beijing Baidu Network Technology Co., case and so on. Network copyright infringement causes of the phenomenon are: First, the Internet network works rich, and the network works works more easily than traditional replication , network creative works and copying of low cost high cost makes the difference growing network copyright infringement . Second , copyright law protects works of one of the basic principles that the balance of interests principle is also the phenomenon of network copyright infringement one of the causes . Principle refers to the balance of interests of copyright holders and the public interest must be balanced , not overly protective of the rights of the copyright owner can not only harm the public interest and the rights of the copyright holder , which is not conducive to scientific development of intellectual property . However, in judicial practice, the principle of the balance of interests is difficult to grasp , with the rapid development of the Internet , expanding the rights of copyright holders , the traditional " fair use" system and the " statutory license " system can not meet the public in a network environment interests in a network environment interests of copyright holders and the public interest lost the original balance of interests tilted to the copyright owner , resulting in network environment unfair distribution of benefits , resulting in network infringement are common occurrences . Finally, the network user's registration information is not looking for authenticity makes the copyright holder the infringer's struggled on the road . Network works have been illegally copied , copyright holders sometimes do not know what they are committed , the network user's identity makes network copyright infringement virtual impunity .

基于上述原因，网络著作权持有人，保护他们的合法财产权利，越来越多的工作，对自己的技术保护措施的网络设置，并的工作已侵犯，寻求司法救济相比，传统，技术保护措施的一个一种积极主动的私营补救措施，它是更有效地保护著作权人网络和道德权利的财产权！

For the