Summary: | 碩士 === 國立成功大學 === 法律學系 === 100 === In 1996, The World Intellectual Property Organization (WIPO) has adopted WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT) in the light of recent developments. Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by copyright owner. After that, the countries have this specification into its national copyright law.
United States for instance, in 1998 the Congress passed “The Digital Millennium Copyright Act (DMCA)” to establish anti-circumvention provisions. In Taiwan add provisions regarding technological protection measures as Article 80-2 in copyright law in 2004. In practice, the anti-circumvention provisions of the DMCA have developed into a serious threat to several important public policy priorities, such as free expression and scientific research, fair use and the competition in industry. How to reach the balance between the rights of the owners and the accessibility of the public is an issue worth discussing.
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