A Critical Evaluation of the Legal Treatment of Private Use under Chinese Digital Copyright Law
Chapter V Working Proposals of the Legal Treatment of Private Use in China: An Example of the “TPMs & Contract” Model
Chapter V Working Proposals of the Legal Treatment of Private Use in China: An Example of the “TPMs & Contract” Model According to the institutional analysis approach to law, each institution has its merit and flaw to some extent. It is impossible to find the “best” institution but rather to search for the least imperfect alternative.929 In deed, after reviewing the other possible alternatives of “TPMs and contract” model, especially the pros and cons of each business model for content provision, I find it becomes more and more difficult to say which one is the best or which one is better than another. Therefore, basically, I have no right answer concerning the choice of business models.930 However, I do believe as long as we choose any model, certain social conditions should be met in order to be effective. In this section, I intend to choose “TPMs & contract” model as an example to illustrate the necessary modifications both in law and social infrastructure. I select it because compared to other options, the overprotection of TPMs in China is a prominent problem desiderated to be solved. In contrast, since there is no levy system within the Chinese copyright law, “levy system” model demands to introduce copyright levy into the statute. In respect of “device-centric” model, the problem of bundling sale is less urgent because it could have recourse to the anti-competition law or consumer protection law. Concerning “cloud” model, its prevalence depends on high Internet penetration, which is quite time-consuming in China. As...
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