Network Law Review 6

Author: Zhang Ping, Editor-in-Chief
Publisher:
Publish Date: 2005-10-28
Features: With the accumulation of experience from the previous volumes, The Network Law Review has gradually matured. This volume continues the form of the increasingly mature fifth volume with minimal changes. However, it has also opened up new content. In the "Special Link" section, a new column titled "Focus on Digital Copyright" has been introduced. In the network environment, obtaining authorization and preventing the unlimited illegal copying of works online are two major challenges for digital copyright. The three articles included in this special section—Research on Copyright Authorization Methods in the Digital Environment, Three Levels of Legal Protection for Copyright Technical Measures—Discussing China's Legislation on Technical Measures Protection, and Technical Measures and Fair Use of Copyright—discuss these issues from different perspectives. Meanwhile, Research on the Copyright System in the Digital and Network Environment examines the fundamental system of copyright in digital and network environments. The Imbalance and Rebalancing of Digital Copyright: A Perspective from Australia discusses general issues of digital copyright from the perspective of Australia's system. The Development Trends of the Copyright Compensation Fund System in the Network Era proposes a systemic solution to address private copying in the network era. Based on the theoretical foundations and historical development of the copyright compensation fund system, the article analyzes its trends and related issues in the network era. The academic BBS section of this volume includes articles that explore legal issues faced by the network from various angles. The Justification of Criminalizing Network Transgressive Behavior examines the social harm of network transgressive behavior and the effectiveness of existing criminal and non-criminal measures, discussing the justification for criminalizing such behavior. Concerns about the improper use of personal privacy have become a significant obstacle to the development of e-commerce. On the Application of Privacy Seals in Network Privacy Protection Across Countries and Their Relevance to China explores a systemic approach to alleviate these concerns. The article outlines the background and nature of privacy seals and introduces their application in network privacy protection, followed by feasibility recommendations for introducing privacy seal movements in China. Online Securities Trading: Challenges, Legal Dilemmas, and Solutions systematically discusses legal dilemmas faced by online securities exchanges in areas such as participants, trading platforms and systems, transaction forms, security and risks, regulation, and dispute resolution, while also proposing comprehensive solutions. Notably, A Review and Reflection on Legal Research on Domain Name Issues—Discussing the Response of Law to Technological Challenges and the Evolution of Its Logic revisits the "old" issue of domain names. Although previous volumes have extensively explored this topic, this article reexamines domain names from a broader perspective, focusing on the relationship between technology and law, the conservative nature of law, and the origin, generation, and construction of rights. Thus, despite being an old issue, it remains a "new" article. Other articles in the academic BBS section explore legal issues faced by the network from perspectives such as contracts and jurisdiction, but due to space limitations, they are not all introduced here. Online games, as a burgeoning industry, have garnered increasing attention. Two articles from the ongoing debate examine the issue from different angles. Legal Protection of Online Games discusses the legal protection of online games from the perspective of traditional civil law, while The Nature and Civil Law Protection of Virtual Property in Online Games explores the topic from the perspective of virtual property. In the Information Window section, some new attempts have been made, largely thanks to the convenience of the internet. Previously, we published full-length information for readers, but this volume introduces a new approach: after briefly introducing the content of the information, it provides a link address instead of publishing the full content. This is primarily to offer readers a greater volume of information. Another article in the Information Window, A Review of Legislation on the Supervision and Management of Electronic Certification Institutions, provides a detailed overview of the supervision and management of electronic certification institutions in existing electronic signature legislation, offering comprehensive and detailed information that may be helpful to readers interested in this topic. A Cornerstone of E-Commerce—An Introduction to the Electronic Signature Law provides a detailed and systematic introduction to China's newly enacted Electronic Signature Law. The Electronic Signature Law is a crucial component of e-commerce law, and its smooth development relies on such a law. It is hoped that this article will help readers better understand China's Electronic Signature Law. The Case Collection section, maintaining its style, includes legal analyses of two related to the network. This volume features two articles: The Determination and Handling of Infringement Caused by Keyword Searches—Case of Shanxi Company v. Jiang et al. on Contractual Breach and Unfair Competition, and The Legal Protection of Online Geographical Indications—Analysis of the First Geographical Indications Domain Name Dispute Case at WIPO.