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版权作为一种垄断权,自产生之日便与言论自由有着密不可分的关系。版权与言论自由既有着有限的协调,又必然存在冲突。传统版权法所确立的利益平衡机制在网络环境下被打破。“三振出局”法即是法国为了打击网络盗版,重塑利益平衡所进行的立法选择。然而“三振断网”条款引发广泛争议。如何缓解数字环境下版权保护与言论自由的紧张关系,重新达成利益平衡仍需继续探讨。
As a monopoly right, copyright has a close relationship with freedom of speech since its birth. Copyright and freedom of expression have both limited coordination and inevitable conflicts. The balance of interests mechanism established by the traditional copyright law is broken under the network environment. The “strikeout” law is the legislative choice made by France in order to combat cyber-piracy and reshape the balance of interests. However, the “Three Vibration Network” clause caused widespread controversy. How to alleviate the tensions between copyright protection and freedom of speech in the digital environment and to resume the balance of interests still need to be discussed.