You are currently viewing a new version of our website. To view the old version click .
Systems
  • Article
  • Open Access

9 September 2024

Using Blockchain Evidence in China’s Digital Copyright Legislation to Enhance the Sustainability of Legal Systems

and
1
College of Intellectual Property, Xiangtan University, Xiangtan 411105, China
2
School of Economics and Management, Department of Business Law, Lund University, SE-22100 Lund, Sweden
*
Author to whom correspondence should be addressed.

Abstract

To achieve sustainable development of social systems, it is necessary to modernize the legal system, which is the foundation of any society, to increase the efficiency of resources and simultaneously optimize the performance of the environment and society. The immutable and timestamped features of blockchain offer a robust solution for tracking and authenticating digital copyright evidence, thereby enhancing the integrity and transparency of judicial systems. This ensures that the integration of blockchain into legal systems not only advances technological efficiency but also promotes environmental consciousness. Through comprehensive analyses that integrate questionnaires, interviews, case studies and legislative assessments, this research reveals that there are still problems in the application of blockchain evidence in China’s judicial practice, such as insufficient and stable credibility, inadequate database storage, deficient original rights mechanisms, and the imperfect application of rules of evidence. These problems can be solved by enhancing correspondence legal systems, such as establishing an officially trusted copyright certificate blockchain, creating a blockchain copyright certificate technology supervision system and formulating specific laws and regulations on the application and identification of blockchain evidence. As such, our study contributes to aligning blockchain with judicial records, supporting the sustainable development goals of social systems, fostering institutional justice and social progress.

1. Introduction

The legal system serves as the cornerstone for maintaining social order, protecting individual rights and facilitating economic activity. Moreover, it promotes social change through legislation and judicial decisions, thus acting as a catalyst for social progress and equity. However, under technological innovation, every technological advance challenges the existing legal system. Well-adapted and prospective legal rules can create an environment conducive to innovation, while strong technical standards can enhance the effectiveness of legal protection, suggesting that the development of technology and the formation of legal rules should be seen as integral parts of a whole to ensure mutual progress and harmonious growth. Intellectual property legislation affects all aspects of society, including culture, education, technology and business, etc., through which it shapes the way creative works are protected, used and distributed.
Looking back at the history of intellectual property rights, almost every major technological advancement has given rise to theoretical disputes. Recording technology and radio technology have led to the protection of neighboring rights; the emergence of photographic technology has given rise to the discussion of whether a photograph is a copyrightable work; network technology and biotechnology have brought about theoretical problems in the fields of copyright, patents and trademarks. As a result, the theory of intellectual property rights has been forced to make constant adjustments, which has weakened the stability of the system. Currently, blockchain technology has a new impact on the evidence systems in China’s copyright law.

1.1. Blockchain Technology and Use of Evidence

Blockchain is a type of distributed ledger in which value-exchange transactions are sequentially grouped into blocks. Each block is chained to the previous one and immutably recorded across a peer-to-peer network by using cryptographic trust and assurance mechanisms. The chain then maintains a coherent state, as agreed upon by all participants, without requiring trust or a central authority. Blockchain provides a new paradigm for data storage security on the basis of the principle of decentralization [1]. Its main features are transparency, redundancy, immutability and disintermediation. Currently, the best-known example of the successful implementation of blockchain-based distributed ledger technology is Bitcoin [2].
A blockchain-based code copyright management system consists of full nodes and lightweight nodes. Each author or miner can choose the node type. First, the authors submit the code and set the transaction fee. After the eigenvalues of the code files are generated, the full nodes broadcast the code copyright information to the miners. The miners can then verify the originality of the code files by calculating the similarity between the target code and the chained code files (see Figure 1). A code for which the similarity with all the chained code files is lower than the predefined similarity threshold can be marked as an original code file. The copyright information of the original code includes the code fingerprint, ID, similarity result and the author’s name (see Figure 2). Moreover, all this information is recorded in a block and linked to the blockchain. After the block is verified, the miners can receive rewards. Therefore, the system supports the permanent storage and protection of the original source code files. In addition, the data stored on the blockchain can be queried by all the nodes in the proposed system [3].
Figure 1. Verification of the originality of code files.
Figure 2. Composition of the copyright information of the original code.

1.2. Related Work and Existing Approach in China

The dissemination and utilization of digital works on the internet have created serious challenges to traditional copyright laws. For example, obtaining and presenting evidence in copyright infringement litigation are much more complicated than those in litigation for traditional copyright infringement. This is because technologies such as data crawling, digital screen capture and intelligent editing have made proof of copyright infringement more elusive, which makes tracking the uses of copyrighted works on the internet difficult [4]. The copyright holder and plaintiff may be able to spot infringement, but find it difficult to preserve the evidence of the infringement. Moreover, unauthorized use of digital works has become another problem, as with internet technology, it is far more convenient for people to copyright content that is used without authorization, owing to its open architecture. Large-scale unauthorized uses of copyrighted works on the internet could form great impediments to obtaining evidence of infringement because they substantially increase the costs and difficulties of tracking down the infringing activities and the identities of the infringer.
For example, as one of the typical cases of blockchain security protection, copyright infringement risk related to nonfungible tokens (NFTs) will also have a great effect on the field of evidence in China’s digital copyright litigation.1 In the casting process of NFTs, the use of specific technical means to create a unique digital ID for existing works on the blockchain can be seen as marking the original works with specific codes to provide identification. The relevant rights holders can also be divided into the original work copyright holders and NFT founders. The copyright owner of the original work enjoys the copyright of the work anchored by the NFT, whereas the NFT caster enjoys the relevant rights, such as possession, disposal, income, etc., of the digital mark NFT. Therefore, when the copyright owner of the original work is different from the NFT foundry, the foundry’s casting of the NFT may infringe on the rights of the copyright owner. In this case, copyright infringement can be divided into two categories: the first involves the content of the original work, where the content in the NFT is pirated; the second occurs when the original work is turned into an NFT without the permission of the copyright owner. At this time, any NFT copyright infringement, as exemplified by the ANTCHAIN2, involves the collection and storage of infringing content, which is very different from traditional copyright infringement litigation.
Many scholars believe that these problems, including evidence of the copyright infringement of NFTs via blockchain technology, can be solved using blockchain technology [5,6]. Yuan Yong and Wang Feiyue [5] indicated that blockchain technology has been widely used in the field of digital copyright protection because of its characteristics of decentralization, high reliability and the use of timestamps. For example, blockchain technology can be used to prove the existence of a work at a low cost and to prove that a copyright work has been infringed upon. Zhang [7] suggested that blockchain technology is conducive to the application of digital rights registration because of its security, anonymity, data integrity and other characteristics. Yu and Gu [8] suggested that the current online copyright protection system has certain limitations, and that blockchain technology can support copyright confirmation, evidence protection and intelligent transactions. Evans [9] argued that blockchain technology can protect and manage copyright works and smart contracts can better protect authors from infringements such as unauthorized compilations. Fisher [10] proposed that the development of new technologies such as blockchain and nonhomogeneous tokens has alleviated the problem of copyright protection and suggested that the Congress review relevant laws. Bell [11] indicated that the public blockchain can solve the difficult problem of conflict between copyright and privacy and create a system with relatively harmonious copyright and privacy through blockchain technology. Hauck [12] proposed that blockchain technology has high evidentiary value in cases of the infringement of intellectual property rights and takes the first case of the Hangzhou internet blockchain certificate as an example. In addition to China’s internet court jurisdiction, many other jurisdictions use blockchain data storage technology to preserve and introduce evidence.3 For example, in the case “Guangzhou Kugou Computer Technology Co., Ltd. vs. Chengdu Lingxingnote Cultural Communication Co., Ltd.”, the Chengdu Intermediate People’s Court used the evidence provided by blockchain technology to determine whether the defendant infringed on the plaintiff’s information network transmission rights [13]. Although many scholars believe that blockchain technology can be a good solution to the evidence problem of litigation, there are still many technical and legal problems in the use of blockchain in court proceedings in China, such as the low credibility of blockchain evidence in some cases and the imperfect rules of evidence application. The internet court established in 2017 in China hears cases involving intellectual property rights and blockchain, most of which are concentrated in the field of copyright law, in which technical and legal issues are more urgent. In addition, the “Blockchain White Paper 2023” issued by the China Academy of Information and Communications Technology mentioned that blockchain in various cities has been used in many fields, such as judicial storage and public services, and that blockchain is also developing with the continuous optimization of technology. On 17 July 2023, the “2023 Chinese City Blockchain Composite Index Report (Second Quarter)” was officially released. It scores the blockchain development composite index of major cities (see Figure 3). As one of the key points of digital development in China’s 14th Five-Year Plan, the application and development of blockchain in judicial depository are also in line with the institutional justice goals of the United Nations Sustainable Development Goals (SDGs). Therefore, this paper attempts to provide a more feasible reference path for solving the above problems.
Figure 3. Ranking of major cities by blockchain composite index.

2. Research Methodology

This section elaborates on the methodological framework designed to explore the practical deployment of technological measures protected under copyright law in the digital realm, to evaluate public awareness of these measures, and critically examine the status of the market and industry, all within the context of a sustainable social system. The research strategy is structured to analyze and synthesize a wide range of information, aiming to uncover societal issues that may arise, particularly those impacting the long-term viability and ethical dimensions of digital ecosystems.
To this end, a comprehensive survey titled “Public Awareness of Copyright Technological Measures and Their Circumvention” was disseminated through the online survey tool Questionnaire Star. Over the course of one month, nearly 500 valid and insightful responses were meticulously collected for in-depth analysis. The descriptive statistical analysis of responses is shown in Table 1. This quantitative investigation served to capture the breadth of public sentiment and knowledge, providing foundational insights into the sustainability of legal system in digital practices concerning copyright measures. To supplement the survey, in-depth one-on-one interviews were conducted with key stakeholders from typical internet enterprises and China’s specialized internet courts. These qualitative insights offered a nuanced perspective on the operational dynamics and legal interpretations surrounding copyright technological measures, thereby enriching the empirical basis of this study with a focus on sustainable legal systems.
Table 1. Descriptive statistical analysis of respondents.
The combination of quantitative and qualitative methodologies ensures a balanced and comprehensive analysis, enabling a thorough dissection of the subject matter from multiple angles. This integrated approach not only assesses public perception but also explores the practical implications and legal nuances within the industry, all with the aim of fostering a sustainable and equitable digital-environmental system.

2.1. Questionnaire Design: Mapping Public Insights on Copyright Technology Measures

The questionnaire was meticulously structured to encompass several critical dimensions, aiming at the systematic capture of relevant insights. Initially, it incorporated demographic data to delineate the occupational profile of participants, so as to ensure the diversity and representativity of the samples, reflecting various societal sectors. This segment was crucial for contextualizing the findings within a broader social framework. The questionnaire subsequently delved into respondents’ familiarity with and awareness of copyright technological measures, including their understanding of possible circumvention practices. This inquiry served to gauge the public’s comprehension of these protective mechanisms and their implications for sustainable digital practices. Moreover, the questionnaire scrutinized the types of copyrighted works encountered by respondents in their daily routines, seeking to establish correlations between exposure to different media formats and attitudes towards copyright protection. This exploration was pivotal for discerning how varied engagement with copyrighted materials could influence opinions on the necessity and efficacy of technological safeguards, thereby informing strategies for enhancing public engagement and education.
A critical component of the questionnaire was dedicated to evaluating respondents’ knowledge of the legislative environment governing copyright technological measures. By pinpointing gaps in public understanding, this study aimed to identify obstacles to compliance and support for such measures, which are essential for advancing sustainable legal frameworks. Conclusively, the questionnaire sought qualitative feedback on the existing rules concerning copyright technological measures. This input was instrumental in understanding the public’s vision for potential enhancements or innovations in the regulatory framework, contributing to a more nuanced comprehension of societal expectations and preferences for future policy formulation.
The utilization of the questionnaire as a research instrument in this context offers a systematic and standardized methodology for collating data directly from a broad audience. It enables the quantification and comparison of attitudes, behaviors and levels of understanding related to copyright technology measures, facilitating the identification of trends, disparities and areas necessitating intervention. This data-rich approach enriches the empirical foundation for scholarly discourse and policy recommendations, fostering sustainable and inclusive digital ecosystems.

2.2. Interviews: A Dual-Perspective on Blockchain and Legislative Dynamics

To deepen our understanding of blockchain technology’s influence within the legislative domain, this study adopted a meticulously planned interview strategy that targeted authoritative perspectives from both technological and judicial vantages. On the technological front, interviews were conducted with China’s premier internet conglomerates, Baidu and Tencent, which are recognized as pioneers and implementers of blockchain technology. These conversations yielded profound insights into the technical complexities, emerging industry trends and the transformative roles of blockchain in copyright protection, contributing to a robust technological discourse.
From a judicial standpoint, interviews were held with the Guangzhou and Hangzhou Internet Courts, which are institutions renowned for their expertise in handling digital copyright disputes. These courts, with substantial experience in validating blockchain evidence, provided a distinctive judicial viewpoint on adjudication, enriching this study’s legal and practical dimensions.
By integrating this dual-pronged interview design, this study aspired to collect comprehensive information from diverse perspectives, fostering a multidimensional analytical framework. This framework provided insights from technological advancements led by industry leaders with practical judicial experience garnered by courts specializing in digital rights, culminating in a holistic perspective on how blockchain technology shapes the legal landscape around copyright protection. This paves the way for a nuanced dialogue on the legislative adaptations required to effectively harness this transformative technology, promoting sustainable and equitable digital governance in the fields of legal system.

3. Findings

3.1. Analysis of Questionnaire Results

3.1.1. Demographic Distribution of Respondents by Occupation

As illustrated in Figure 4, influenced by the thematic nature of the subject matter, its inherent sophistication and the composition of the research team, the majority (66.77%) of our respondents comprised college students. Individuals employed in the legal sector accounted for 13.04% of the surveyed population. The remaining participants represented a diverse and highly educated group, whose occupations were dispersed across a myriad of industries. These included, but were not limited to, the internet sector, the technology sectors, education, with teachers in higher education institutions, healthcare, environmental protection, transportation and animal health care, among others. Additionally, we received responses from a few retirees, contributing to a broader spectrum of perspectives and life experiences within our dataset.
Figure 4. Occupational distribution of respondents.
This skewed distribution towards students, nonetheless, provides valuable insights into how different societal segments perceive and interact with issues related to copyright technological measures and their circumvention. The wide occupational diversity enhances this study’s depth and applicability by capturing multifaceted public awareness and attitudes across demographics, highlighting the importance of inclusive education and outreach programs that promote sustainable digital literacy and ethical practices in copyright law.

3.1.2. Familiarity of Respondents with Copyright Technological Measures and Their Circumvention

As depicted in Figure 5, among the surveyed individuals, 63.66% of respondents acknowledged having heard of copyright technological measures and their circumvention in daily life but not understanding it. A smaller proportion, 19.88% of respondents, demonstrated a comparative level of familiarity with these topics. Meanwhile, 15.22% of respondents reported never having come across this concept before, and a minuscule 1.24% of respondents claimed to have an in-depth understanding. Given that the surveyed population largely comprised highly educated individuals, including numerous professionals in intellectual property and law, as well as faculty and students from higher education institutions, the prevailing lack of understanding of these technical measures is striking, which means the dissemination, awareness and application of technological measures by citizens remain at a superficial level.
Figure 5. Distribution of understanding.
These outcomes suggest that, irrespective of the specialized backgrounds of many respondents, there is a low level of societal comprehension of copyright technological measures and legal restrictions on their circumvention, along with the associated exceptions. This highlights a lack of public awareness concerning the detailed legal framework governing these measures. These findings emphasize the urgent need for meticulous research and analysis to develop strategies that safeguard public interests effectively. There is a critical demand for science-based and rational approaches to address these knowledge gaps and enhance implementation, contributing to a more informed and equitable copyright environment, which is foundational to fostering a sustainable digital ecosystem.

3.1.3. Types of Copyrighted Works Encountered in Daily Life by Respondents

As illustrated in Figure 6, this question allowed for multiple responses, revealing a diverse range of copyrighted material regularly encountered by the public. Textual works emerged as the most prevalent, with an impressive 85.71% of respondents reporting frequent interactions with this genre. Music, theatrical works, variety shows, dance, acrobatic arts, cinematic works and similar cinematographic productions also registered high engagement rates, each exceeding 70%. Online games and computer software, both of which were accessed by more than 45% of the respondents were next in line. The fine art pieces, architectural designs and engineering diagrams available through websites also had a notable presence, with more than 30% of the respondents indicating exposure to these forms.
Figure 6. Distribution of types of public access to copyrighted works.
Building a comprehensive digital copyright legal system is crucial for protecting the rights of creators, fostering innovation and ensuring the sustainable growth of the digital economy. It supports a healthy ecosystem, where creativity and technology can thrive, while also promoting the digital social system. These findings underscore the ubiquitous presence of copyrighted works in daily life, which are deeply embedded in our activities and experiences. The vast range of creative content consumed highlights the omnipresent role of copyright in modern society and the necessity of robust mechanisms to protect and regulate its use, which are essential components in sustaining a vibrant and innovative cultural landscape.

3.1.4. Understanding of the Legislative Situation Regarding Copyright Technical Measures

The results of the survey on the public’s awareness of current domestic legislation concerning copyright technical measures, as shown in Figure 7, reveal that more than half of the respondents, amounting to 61.18%, indicate a lack of understanding of the legislative situation in China regarding these measures. Conversely, 35.09% of the participants claimed to have a relatively good understanding, whereas a mere 3.73% expressed thorough comprehension. These findings indicate a conspicuous deficiency in public legal education efforts surrounding the copyright technical measures in the country.
Figure 7. Legislative awareness.
Given the surveyed group’s predominantly strong educational background, as 66.7% of the interviewee attended at least some college, it can be inferred that a broader public survey would likely reveal an even greater proportion of individuals who are unaware of these legal provisions. Within the computer technology sphere, if a significant number of professionals are unaware of circumvention prohibitions, they risk unintentionally participating in infringements or facilitating such breaches. If the public is oblivious to exceptions, they may inadvertently face limitations in accessing cultural products, restricting societal and cultural engagement and potentially undermining fundamental rights such as freedom of expression. This highlights the urgent need to strengthen public education and community outreach to ensure that all stakeholders understand the subtleties of copyright law and its impact on creativity, innovation and individual freedom, which is a key step towards achieving a sustainable and equitable digital society.

3.1.5. Suggestions for Regulations Pertaining to Copyright Technical Measures

The public’s perspectives on the future development of copyright technical measures in China, as illustrated in Figure 8, highlight a near-consensus on the need for improvement. Close to 90% of respondents advocate for refining regulations concerning technical protection measures, emphasizing that the advancement of copyright technology measures is contingent upon a robust and comprehensive rule framework. Approximately 75% or more of the respondents called for increased oversight of these measures and clearer demarcation of their protective scope. Additionally, approximately 64% of the participants emphasized the exceptions of refinement, the prohibition of circumvention, suggesting a desire for balanced legislation that accounts for legitimate uses.
Figure 8. Proposals for improving the rules on copyright technical measures.
Furthermore, the respondents advocated for improved public awareness campaigns and stricter penalties as supplementary measures. Collectively, these findings demonstrate a strong public demand for legislative enhancement, emphasizing the need for a set of rules that meticulously examines and balances the scientific and rational aspects of exception provisions to anti-circumvention rules. The overwhelming response reflects the public acknowledgment of the necessity for a comprehensive and nuanced approach to copyright law that fosters innovation, safeguards creators’ rights and ensures public access to cultural expressions, which are essential pillars for building a sustainable and resilient digital social system future.

3.2. Analysis of Interviews

On the basis of the interviews, the companies and courts all agree that there exists an interface between technology and judicial trials. In judicial practice, owing to the characteristics of blockchain, which is difficult to tamper with and easy to store, it is more often used in the field of depositing and taking evidence, but there is the problem of uncertainty in the use of blockchain to deposit evidence.

3.2.1. Interviews with Baidu Inc. and Tencent Co.

Interviews conducted with Baidu Inc. and Tencent Co. provided a deep dive into the intersection of technology and legal frameworks, particularly highlighting the role of blockchain in facilitating a sustainable copyright ecosystem. Baidu underscored the intricacies involved in confirming the identity of data uploaders and establishing true ownership rights, emphasizing that blockchain, despite its integrity and tamper-evident features, is primarily a ledger system that can only attest to the upload of data at a given time by a specific identity, falling short of verifying actual ownership conclusively. This insight highlights the need for complementary systems that ensure the accuracy and reliability of identity and ownership claims, which are crucial for a procedural justice where rights are respected and protected.
Baidu posited that resolving identity confirmation and rights attribution goes beyond the realm of technology, advocating for the principle of technological neutrality. They suggested supplementing technological solutions with a record registration system to enable the authorized circumvention of technical measures, a proposal aimed at fostering a balanced and inclusive digital environment, where access and protection coexist. This proposal was met with a different perspective from Tencent, which maintained that current identification methods adequately address the issue without necessitating additional registration procedures. This situation indicates a need for further dialogue and collaboration among stakeholders to achieve consensus on practices that can be authenticated.
With respect to concerns over the manipulation of timestamps, Tencent acknowledged the skepticism of judges regarding blockchain-based evidence. Their strategy to counteract timestamp tampering involves two approaches: enhancing the legal framework to align with technological realities, improving technical capabilities to detect timestamp alterations and underscoring the importance of harmonizing technological advancements with legal frameworks to support a sustainable digital social system.

3.2.2. Interviews with Guangzhou Internet Court

The Guangzhou Internet Court’s perspective on blockchain integration in copyright registration and protection was enlightening. The Court’s noted that the use of blockchain technology is highly important for copyright registration and copyright protection, etc. The authenticity of blockchain evidence can only be traced back to the starting point of the initial upload. If the copyright owner does not focus on uploading the information of the work from the beginning of the creation, to form a series of linked hash values, it is difficult to prove the attribution of the right by relying on the blockchain evidence alone. This highlights the importance of a complete digital footprint from the outset of creation for effective rights management, reinforcing the need for robust and sustainable digital social system.
Judge Deng addressed fears of excessive technological measures leading to restricted information access. He confirmed that such scenarios are unlikely, considering the fact that not all copyright holders employ technological barriers, preferring open access instead. He suggested that expanding exceptions to anti-circumvention laws could mitigate potential access limitations, encourage direct communication between users seeking access and copyright holders, and highlight the role of flexible legal frameworks in promoting a sustainable balance between protection and access.
The court advocated respecting copyright owners’ rights to implement technological measures, viewing this as a step towards regaining control over their creations. Blockchain’s role in facilitating this shift from loss of control to reasonable management underscores its potential in empowering creators, contributing to a scientific and rational social system that supports creativity and innovation.

3.2.3. Interviews with Hangzhou Internet Court

The Hangzhou Internet Court’s experience with blockchain centered on evidence preservation, showcasing a refined judicial blockchain operational model. The court’s approach to blockchain-based evidence involved rigorous scrutiny, independent review and case-specific determinations, regardless of blockchain platform origin or court partnerships, demonstrating a commitment to ensuring the reliability and sustainability of evidence management systems.
Innovative applications, such as creating blockchain accounts for writers to upload works, have exemplified how blockchain can address authorship verification challenges. This model, involving upfront identity validation, could potentially reduce instances of unauthorized uploads, although the process remains exclusive and requires stringent account application protocols, indicating a path towards more secure and sustainable digital rights management.
The Hangzhou Internet Court’s use of blockchain for copyright protection was largely confined to evidence fixation. The court acknowledged the absence of blockchain as a standalone technical measure against infringement, attributing this to pre-existing encryption and watermarking techniques. The inherent limitations of blockchain in preventing infringement independently were also noted, with its role being primarily evidentiary, pointing to the need for a multifaceted approach that integrates various technologies for comprehensive and sustainable copyright protection.
For the exception system regarding anti-circumvention of technological measures, no detailed inquiry was made due to time constraints and judicial specialization. However, the interviews indicated that Hangzhou Internet Court’s blockchain deployment is predominantly for electronic evidence management, with explorations into procedural justice and cost-effective evidence fixation, reflecting a focus on efficiency and sustainability in judicial processes.
The court’s approach to integrating blockchain for copyright protection remained experimental, emphasizing evidence preservation over the development of new technical measures. As blockchain technology advances and addresses cost and efficiency challenges, its potential applications in copyright protection could expand, offering new avenues for both rights holders and judicial systems, and suggesting a promising trajectory for the evolution of impartial copyright practices.

6. Conclusions

The accelerating pace of technological innovation has prompted ongoing scrutiny of established legal frameworks, exacerbating vulnerabilities within the intellectual property system, particularly concerning copyright law. The evidence rules regarding network digital copyright infringement in China are currently relatively insufficient. Owing to the tamper-proof and timestamped characteristics of blockchains, blockchain technology can record every link in the formation of electronic data to help judges determine the probative value of evidence and ease the difficulties of courts in determining authentic electronic data. The relevant evidence identification rules have only just been established, and more time is needed to be implemented to confirm their rationality and operability. In copyright disputes, electronic blockchain evidence can confirm only that the uploader owned the document at an earlier time. Once another party provides earlier proof, it is difficult to presume that the uploader is the real author without other evidence. Therefore, it is necessary to rationally address the application of this technology in the copyright industry and judicial field, to strengthen risk prevention and control similar to NFT copyright infringement and to further research the safety and efficiency of blockchain copyright data storage and transmission. In many judicial practices, courts have clearly articulated the argument that “there are no relevant data to confirm each other, and it is difficult to confirm the facts to be proved” in their judgements. This shows that no court recognizes general timestamped electronic data. To maintain the scientific and operationalization of the use of blockchain evidence in China’s digital copyright legal system, it should therefore establish official governmental copyright data storage and transaction blockchain, integrate it with cloud storage, build an insurance system, solve the technical problems, establish a blockchain copyright supervision system, and improve the regulations regarding applications of blockchain evidence.

Author Contributions

Conceptualization, L.Z. and D.C.; methodology, L.Z. and D.C.; software, D.C.; validation, L.Z.; formal analysis, L.Z. and D.C.; investigation, L.Z. and D.C.; resources, L.Z. and D.C.; software, D.C.; validation, L.Z.; formal analysis, L.Z.; data curation, D.C.; writing-original draft preparation, L.Z. and D.C.; writing-review and editing, L.Z. and D.C. All authors have read and agreed to the published version of the manuscript.

Funding

This research was funded by the National Social Science Fund of China, grant number 17BFX118.

Data Availability Statement

The original contributions presented in the study are included in the article; further inquiries can be directed to the corresponding author.

Conflicts of Interest

The authors declare no conflict of interest.

Notes

1
NFTs refer to nonhomogeneous tokens. In essence, an NFT is a unique trusted digital equity certificate in the blockchain network. It is a data object that can record and process multidimensional and complex attributes on the blockchain. NFT is a new application of blockchain technology in the field of copyright. According to public data, at present, more than 20 listed enterprises in China have started digital collection-related businesses, and internet companies such as bat, byte and Kwai have all entered the market. In the three months from February to May 2022, more than 200 digital collection platforms have emerged. However, NFT digital collections may involve the infringement of others’ copying rights, information network transmission rights, and copyright issues, such as publication rights and distribution rights.
2
Antchain is a representative technology brand of Ant Group, formerly known as Ant Blockchain. On 23 July 2020, the brand was upgraded to Antchain (ANTCHAIN), which is dedicated to building a new infrastructure of trust in the era of digital economy.
3
The three Internet courts in Hangzhou, Beijing and Guangzhou have built a judicial blockchain platform to achieve full process recording, full link credibility and full node witness of electronic evidence. For example, Guangzhou Internet Court uses the “Netcom legal chain”, Hangzhou Internet Court uses the “judicial blockchain” supported by the underlying technology of the “ant chain”, Beijing Internet Court uses the “balance chain”, and the Shanghai High Court cooperates with the “security network” of Digital Qin Technology. On 25 May 2022, the Supreme People’s Court of the People’s Republic of China released the “Opinions of the Supreme People’s Court on Strengthening Blockchain Application in the Judicial Field”, facilitating the people’s courts to accelerate the digital transformation with the support of key technologies represented by blockchain and to achieve a higher level of digital justice, the Opinions will promote the in-depth integrated development of the rule of law and technology as well as the higher-quality intelligent rule of law. See https://www.court.gov.cn/zixun/xiangqing/360281.html (accessed on 28 August 2024).
4
Civil Procedure Law of the People’s Republic of China, NPC. Article 66-5 (2021).
It stipulates that “electronic data” are a type of evidence. “Provisions of the Supreme People’s Court on Several Issues concerning the trial of cases by internet courts” was deliberated and adopted at the 1747th meeting of the judicial committee of the Supreme People’s Court on 3 September 2018.
5
Copyright Law of the People’s Republic of China, NPC. Article 11-4 (2020).
It stipulates that “if there is no evidence to the contrary, citizens, legal persons or organizations without legal personality who sign their names on the works shall be the authors”.
6
Provisions of the Supreme People’s Court on Several Issues Concerning the People’s Court’s Online Handling of Cases (Draft for Comments), SPC. Article 16 (2021).
It stipulates that the authenticity of the data prior to the link should be reviewed. If the parties propose that the data has no authenticity when it is stored in the chain, and provide evidence to prove it or explain the reasons, the people’s court should review it. In judicial practice, blockchain evidence is faced with the awkward situation of “tradition”. See http://ntcc.jsjc.gov.cn/zt/jcll/202110/t20211021_1293315.shtml (accessed 28 August 2024).
7
Civil Procedure Law of the People’s Republic of China, NPC. Article 72 (2021).
It stipulates that “legal facts and documents notarized and certified in accordance with legal procedures shall be taken by the people’s court as the basis for ascertaining facts, except when there is evidence to the contrary sufficient to overturn the notarized certificate”.
8
The Provisions on Several Issues concerning the trial of cases by Internet Courts, SPC. Article 11-6-2 (2018).
9
Opinions on Strengthening the Protection of Copyright and Copyright Related Rights, SPC. Article 2 (2020).
10
The transparent distributed ledger transfers a large part of the verification task of information authenticity to the public, greatly reduces the workload of the supervision authorities and improves the ease of supervision.

References

  1. Savelyev, A. Copyright in the blockchain era: Promises and challenges. Comput. Law Secur. Rev. 2018, 34, 550–561. [Google Scholar] [CrossRef]
  2. Giungato, P.; Rana, R.; Tarabella, A.; Tricase, C. Current Trends in Sustainability of Bitcoins and Related Blockchain Technology. Sustainability 2017, 9, 2214. [Google Scholar] [CrossRef]
  3. Jing, N.; Liu, Q.; Sugumaran, V. A blockchain-based code copyright management system. Inf. Process. Manag. 2021, 58, 102518. [Google Scholar] [CrossRef]
  4. Cuo, G. Re characterization of mobile network content aggregation service under copyright law, electronic intellectual property. Electron. Intellect. Prop. 2014, 8, 7. [Google Scholar]
  5. Yuan, Y.; Wang, F. Development status and prospect of blockchain technology. J. Autom. 2016, 42, 481–494. [Google Scholar]
  6. Shen, X.; Pei, Q.; Liu, X. Overview of block-chain technology. J. Netw. Inf. Secur. 2016, 2, 11–20. [Google Scholar]
  7. Zhang, Q. Application of digital rights management technology in digital library. Publ. Wide Angle 2017, 4, 44–46. [Google Scholar]
  8. Yu, F.; Gu, K. Reform of network copyright protection system: Support and imagination from blockchain technology. China Publ. 2021, 2, 66–69. [Google Scholar]
  9. Evans, T.M. De-gentrified black genius: Blockchain, copyright, and the disintermediation of creativity. Pepp. Law Rev. 2022, 49, 649. [Google Scholar]
  10. Fisher, K. Once upon a time in NFT: Blockchain, copyright, and the right of first sale doctrine. Cardozo Arts Entertain. Law J. 2019, 37, 629. [Google Scholar]
  11. Bell, T.W. Copyrights, privacy, and the blockchain. Ohio North. Univ. Law Rev. 2016, 42, 439–470. [Google Scholar]
  12. Hauck, R. Blockchain, smart contracts and intellectual property. Using distributed ledger technology to protect, license and enforce intellectual property rights. Leg. Issues Digit. Age 2021, 1, 17–41. [Google Scholar] [CrossRef]
  13. Guangzhou Kugou Computer Technology Co., Ltd. v. Chengdu Lingxingnote Cultural Communication Co., Ltd.; Civil Judgment No. 14862; Chengdu Intermediate People’s Court of Sichuan Province: Chengdu, China, 2021.
  14. Hwang, J.; Kim, H. Blockchain-based Copyright Management System Capable of Registering Creative Ideas. J. Internet Comput. Serv. 2019, 20, 57–65. [Google Scholar] [CrossRef]
  15. Chen, S. Research on Legal Issues of Blockchain Application in Copyright Protection; Xiangtan University: Xiangtan, China, 2020. [Google Scholar]
  16. Chen, X. Copyright infringement in block-chain cloud storage environment. China Soc. Sci. N. 2018, 12, 5. [Google Scholar]
  17. Wang Yongtao v. Shenzhen Tencent Computer System Co., Ltd.; Civil Judgment No. 79; Beijing Intellectual Property Court: Beijing, China, 2016.
  18. Xia, J.; Li, H.; He, Z. The Effect of Blockchain Technology on Supply Chain Collaboration: A Case Study of Lenovo. Systems 2023, 11, 299. [Google Scholar] [CrossRef]
  19. Nikolakis, W.; John, L.; Krishnan, H. How Blockchain Can Shape Sustainable Global Value Chains: An Evidence, Verifiability, and Enforceability (EVE) Framework. Sustainability 2018, 10, 3926. [Google Scholar] [CrossRef]
  20. Statement of James Madison at the Virginia Convention (June 20, 1788). In The Debates in the Several State Conventions on the Adoption of the Federal Constitution; Elliot, J., Ed.; J. B. Lippincott Company: Philadelphia, PA, USA, 1836. [Google Scholar]
  21. Tang, T. Improving government credibility and building a credit government. China Adm. 2005, 3, 8–10. [Google Scholar]
  22. Bentham. On Government Films; Commercial Press: Beijing, China, 1995. [Google Scholar]
  23. Yang, Y. Research review and academic reflection on government credibility. Hubei Soc. Sci. 2012, 12, 26–30. [Google Scholar]
  24. Zheng, G. Block-chain and future rule of law. Orient. Law 2018, 3, 75–86. [Google Scholar]
  25. Gai Creative (Beijing) Image Technology Co., Ltd. v. Rongxin (Fujian) Investment Group Co., Ltd.; Civil Judgment No. 1485; Fujian Provincial High People’s Court: Fuzhou, China, 2016.
  26. Jiangsu Asset Management Co., Ltd. v. Jiangsu Huijin Paper Development Co., Ltd., Wang Yongming; Civil Judgment No. 00265; Jiangsu High People’s Court: Nanjing, China, 2015.
  27. Kouhizadeh, M.; Sarkis, J. Blockchain Practices, Potentials, and Perspectives in Greening Supply Chains. Sustainability 2018, 10, 3652. [Google Scholar] [CrossRef]
  28. Jiwen, Y. Blockchain evidence rule system. J. Suzhou Univ. (Philos. Soc. Sci.) 2021, 42, 86–95. [Google Scholar]
Disclaimer/Publisher’s Note: The statements, opinions and data contained in all publications are solely those of the individual author(s) and contributor(s) and not of MDPI and/or the editor(s). MDPI and/or the editor(s) disclaim responsibility for any injury to people or property resulting from any ideas, methods, instructions or products referred to in the content.

Article Metrics

Citations

Article Access Statistics

Multiple requests from the same IP address are counted as one view.