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网络著作权作为一项新生事物,其保护原则存在争议。有人认为,网络环境给侵权人创造了便利,简单的复制粘贴使著作权人的利益很容易遭受侵害,因而应当侧重权利人权益的保护;有人认为,为了使优秀的作品得到广泛的传播,应当充分利用网络这一资源,侧重加强对权利人的限制,使有限的个人财富被全社会共同分享。无论哪种观点都不否认要在个人权益与公共利益两者间寻求平衡,只是在平衡的度上存在着争议。这种抽象的平衡的尺度与火候的把握,要在实践的个人权益与公众利益的博弈中找寻。
Internet copyright as a new thing, the protection principle is controversial. Some people think that the network environment has created a convenient infringer, a simple copy and paste so that the interests of copyright owners can easily be violated, and therefore should focus on rights and interests of the rights and interests of the protection; some people think that in order to make outstanding works widely disseminated, it should be full The use of this resource network, focusing on strengthening the restrictions on rights holders, so that the limited personal wealth is shared by the whole society. No matter what kind of viewpoints do not deny that we should strike a balance between the rights and interests of the public and the public interest, there is only a controversy over the degree of balance. This abstract scale of balance and the grasping of the heat, should be found in the practice of individual interests and the public interest in the game.