Abstract
WIPO(World Intellectual Property Organization) in 1996 approved the "WCT"(WIPO Copyright Treaty. Article 11 of the WCT requires that contracting parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures. To fulfill the WIPO Copyright Treaty's obligations, States continue its domestic law on the new technological protection measures. Taiwan is also adoption of the new amended Copyright Law in the 2004, and denominates "Copy-Guard Measures". Taiwan follows the United States legislation model including definitions of the measures, the anti-circumvention provisions and the anti-trafficking provisions. Nevertheless, such provisions had impacted the original copyright restrictions which enacted for consistent with the public interest, maintaining education, academic and cultural development, protection of visual or hearing Impairments, archivists and etc. Especially for the computer program, the provisions had a major impact on original public policies that maintain the interoperability between computer software and protect computer users performing the regular operation. Through analysis of technologies, international legislative history, definitions, legal protection and exceptions of technological protection measures, and analysis of protections and exceptions of computer program works, this thesis will explore the normative gap under the new law if we take a computer program works as a technology protection measures. This thesis will also explain the gap has what effect on the public interest with lawmaking suggestion. To resolve the conflicts between rightholders and users and to improve public interest is ultimate goal of this study.