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盗版是文化产业管理上最为头痛的一件事,而电影、音像盗版更是有恃无恐,犹如割韭菜一般,大有“盗版”打不尽的趋势,手段日益翻新、行为更加诡秘。它不仅影响了电影市场的正常运作,还侵犯了知识产权,挫伤了创作者和生产者的积极性。更严重的是一些盗版VCD 中夹杂着反动、淫秽、凶杀、暴力等内容。因此文艺界人士呼吁:绝不能再让那些因盗版而发横财的家伙“没事偷着乐”了!除了政府要加大打击力度外,提高消费者的法律意识和欣赏水平也很重要。只有到了盗版者如过街老鼠人人喊打的时候,中国的文化产业市场才会得以净化。目前最可怕的是一些消费者竟已习惯了接受盗版 VCD 这种非法产品,还认为买盗版影碟合算,甚至认为卖盗版影碟是“雪中送炭”。还有人人都认为资源共享的网络无论是网站将信息随意上网,还是点击者下载使用都是心安理得的。这算不算侵权?应不应有相应的法律?带着种种疑问本刊记者采访了中国人民大学法学专家刘春田教授(文中简称刘)。
Piracy is one of the most headaches in the management of cultural industries. Movies, audio and video piracy are even more onerous. It is like cutting leeks, playing an increasingly important role in “piracy.” Means are becoming more and more subtle. It not only affected the normal operation of the film market, but also infringed on intellectual property and dampened the enthusiasm of creators and producers. More serious is that some pirated VCD mixed with reactionary, obscene, homicide, violence and so on. Therefore, literary and art circles are calling for those who are making money because of piracy should not be allowed any more. In addition to the government's efforts to crack down on the crackdown, it is also important to raise consumer awareness and legal awareness. Only when pirates, such as those who cross the streets and shouting, will China's cultural industry market be purified. At present, the most horrible thing is that some consumers have actually been accustomed to accepting pirated VCDs as illegal products. They also think that buying pirated DVDs is cost-effective and even selling pirated DVDs is a timely solution. And everyone thinks resource-sharing networks are free from the shame of websites, whether they are accessing information online or clicking on them. Should this be regarded as an infringement? Should there be corresponding laws? With various questions, our correspondents interviewed Professor Liu Chuntian, a law expert from Renmin University of China (referred to as Liu).