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当今世界,技术成为社会规范的现象日益普遍。技术与法律相互依存,在全社会的规模上调整着人们的行为,参与财产、利益和各种权利、权力的分配。技术作为社会规范发挥效用较之法律具有更为直接、准确、经济、高效的优势。但技术作为社会规范也有局限性,过分依赖技术来实施法律容易损害法律本身的尊严,而对技术的运用不加限制则会改变法律所追求的权利分配格局。技术保护措施作为数字版权政策的重要执行工具,既应当受到反技术规避规则的保护,也应当受到它的限制。美国和欧盟过于严厉的规则在给版权人提供强大保护的同时也带来了一些负面效应。中国的反技术规避规则不仅失之模糊,而且某些内容的合法性和合理性也值得商榷。
In today's world, the phenomenon of technology becoming social norms is increasingly common. Technology and law are interdependent, adjusting people's behavior and participating in the distribution of property, interests and rights and power in the whole society. Technology as a social norms to play a more effective than the law has a more direct, accurate, economical and efficient advantage. However, technology as a social norms also has its own limitations. Too much reliance on technology to enforce laws tends to undermine the dignity of the law itself. However, the application of technology without restrictions will change the pattern of rights distribution pursued by law. As a key executive tool of digital copyright policy, technical protection measures should be protected by and be limited by anti-technology circumvention rules. The overly harsh rules of the United States and the European Union provide strong protections for copyright holders with some negative effects. China's anti-technology circumvention rules are not only vague, but also the legitimacy and rationality of some of the contents are also debatable.