LEGAL MEASURES FOR THE PROTECTION OF TECHNOLOGY MEASURES PIRACY IN DIGITAL TECHNOLOGY

Abstract

This thesis aims to study whether the legal measures under the Copyrights Act, B.E. 2537 (A.D. 1994), along with the Copyrights Act (No. 2), B.E. 2558 (A.D. 2015), applicable for the protection of technological measures and rights management information which is implemented by the owners of the copyrighted work and performers for prevention of infringement of copyrights in digital technology by circumvention of technological measures and removal or alteration of rights management information are suitable for prevention of such measures and which points should be amended, so that the said provisions can be implemented for protection of the owner of the copyrighted works and rights management information practically and efficiently. The results suggest that the provisions of the Copyrights Act, B.E. 2537 (A.D. 1994), along with the Copyrights Act (No. 2),B.E. 2558 (A.D. 2015), regarding the protection of technological measures and rights management information which is implemented by the owners of the copyrighted work and performers for prevention of infringement of copyrights in digital technology, despite being enforced pursuant to international and foreign laws, cannot effectively prevent infringement of copyrights in digital technology by circumvention of technological measures and removal or alteration of rights management information, because such provisions still lack clear definitions of certain terms, determination of components of intents of the offenders and determination of liabilities for the persons who use the equipment for infringement, which may lead to problems concerning interpretation when coming into effect. Therefore, it is advised that the government should revise the provisions regarding the protection of technological measures and rights management information in terms of clear definitions of certain terms which should be acceptable at an international level, addition of components of intents of the offenders and inclusion of possession, production, sale, distribution, import of equipment for circumvention of technological measures and removal or alteration of rights management information as the acts of infringement of copyrights in digital technology. Provisions of international and foreign laws may be referred to as guidelines for revision of the Copyrights Act, B.E. 2537 (A.D. 1994), along with the Copyrights Act (No. 2),B.E. 2558 (A.D. 2015), for more effective enforcement in terms of protection of copyrights in digital technology to ensure appropriateness and fairness to owners of the copyrighted work and performers.