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Legal Related Research of Remote Education

Technical Report · May 2014

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 Legal Related Research of Remote Education

Abstract：Modern distance education is a new teaching pat tern under digital environment. It causes
problems about copyright, qualification of distance education institution, students’ privacy and security,
which is astern challenge to copyright law, tort law and education law. Distance education law should
be issued, which includes the qualification of distance education institution and its accrediting
institution. Copyright law should regulate the boundary of fair use and the ownership of distance
education works. To guarantee security and privacy, software flaw is the question of product liability,
so the manufacturer should bear this kind of liability.

1. Introduction

Modern distance education is a new education form, along with the development of modern
information technology and, its prominent characteristic is teaching activities under the environment of
digital signal, which makes use of the computer network and multimedia technology, the education and
the traditional "face to face education deposit in different nature. It is completely broke the boundaries
of time and space, teaching carrier no longer adhere to the books, more dependent electron transport, to
voices, images, electronic documents through the network has students all over the world before.
Qualification of this kind of teaching form in succession leads to copyright issues, the teaching
organization, student privacy and security issues to the traditional copyright law, tort law, education
law, put forward severe challenges.

2. Qualification of Modern Distance Education Institutions

Distance education of our country in recent years has developed very rapidly, used to describe the
blossom everywhere, and will inevitably lead to cohabitation, mixed situation, driven by the
marketization of education guiding philosophy and great benefits, many universities and private school
running entity have run from the distance education, some school distance education project hastily,
curriculum development lack of preparation, enrollment commitments casually, pricing confusion, so
that damage to the interests of students. For a time, "Network University" as such as soaring weeds, it
is difficult to distinguish good and bad [1]. Regulate the distance education institutions is the basis for
the healthy development of distance education. Ministry of education of the people's Republic of China
in 2000 issued "on the support of a number of colleges and universities construction network education
college, to carry out modern distance education pilot project of a few opinion" and "the office of the
Ministry of education to carry out modern distance education pilot work of 21 universities such as
Beijing University of science and technology on the approved"[2], which can be said is normative
documents of the highest level of relevant norms of distance education institutions. But these normative
documents not in distance education system specification, such as distance education institutions
identified institutions, distance education should problem consists of primary and high school
education are not clearly defined, which need to be improved.
3 Extending the scope of distance education to the level of
primary and secondary schools

Primary and secondary school levels of distance education and penetration rate, while not high,
but the prospects for development cannot be ignored, whether in remote rural areas, or is the
educational development of the city[4]; distance education has the value of its existence. Effect of
distance education of primary and secondary education is reflected in: first, capable of transporting
high-quality educational resources to rural areas, so that students in remote areas to share high quality
educational outcomes through distance education break the differences between urban and rural areas,
education equality. Secondly, in order to fully develop students' personality, distance education can
provide various personalized courses for students to choose, such as foreign language courses,
professional courses, high school courses. The distance education in primary and middle schools in the
United States is very well developed, and it is worth learning [14]. According to China Education
newspaper reported that the United States to take distance education courses in primary and secondary
schools is very common. The United States a total of 15 040 public school districts in about one-third
of district students elective courses for distance education, 8 200 public school has students enrolled for
distance education courses, about 9% of the national total, elective students about 32.8 million. [5] also
due to distance education to break the boundaries of time and space characteristics, the prominent role
is also reflected in can guarantee the normal teaching in the very period (such as war, large-scale
infectious disease epidemic period, etc.) [6].So, the distance education law of our country not only to
the development of distance education in the university level, we should pay more attention to distance
education in primary and middle schools.

4 Limits of reasonable use in Distance Education

China's "copyright law" Article 22 item 6 of the regulations, "classroom teaching or scientific
research, translation or a few copies have been published works, for use in teaching or research
personnel, but not published." [7, 13, 15] The "classroom teaching" law did not explain whether
including the distance education, because of the provisions of the vague, coupled with the existing law
is not on the scope of Distance Education Limited, the legitimate rights and interests of the copyright
owner not to protect. The United States TEACH bill to solve this problem is worth our reference.
Teach act firstly the traditional "face to face classroom teaching to the expansion of the form of
distance education, in the form of distance education, the rational use of the scope of works has been
expanded, any legitimate copyright works in Distance Education in the general unrestricted, but to" the
main through digital transmission network, as media assisted teaching activities of a part of the show or
display and sales work "and" to violate copyright laws of the United States illegal production and
obtain replica of the performance or display and the educational institution knows or has reason to
know that the copy is not a legitimate production and acquisition of "the works excluded outside the
range allows the use of. In order to prevent the distance education copyright works spread to teaching
range from outside, the teach act on the scope of Distance Education Limited, the dissemination of
works only in a particular subject registered students and non-registered students do not have the right
to access, and give the technical support, use technical means to prevent students outside of class time
still can conserve and spread the content. China's copyright law in Distance Education in the rational
use of the boundaries of the standards can draw on the experience of the legislation of America, allows
for the rational use of copyright works in distance education, including written works, drama or
non-dramatic works and audiovisual works such as, but purely in online sales of works, namely, "the
main through digital transmission network, as the media assisted teaching activities of a part of the
show or display and sale of works", not the copyright agreed to prohibit unauthorized use free teaching.
Because such works and other works is different, it is works in sales distribution network and special
network "[8], if allowed free use in the long-distance teaching amounts to buy copyright to" death "and
for such works should prohibition of distance education institutions and rational use. Even if other
works should also provide demonstration of copyright works can only be works of reasonable, limited,
and not the whole works and in this part of the quantity and the traditional classroom for the use of
quite. At the same time, in order to prevent the out of work, should strictly limit access to the object,
and in terms of technical support legislation[12].
In traditional teaching, teachers preparing lectures, teaching experience and professional works
right belongs to the teacher this is undoubted, but under the environment of distance education
resources teaching combines the digital technology, including multimedia works, video lectures and
provided by optical disk or online distance education courses, the ownership of the copyright is more
complex, the creation of some works using the material and technical conditions of unit, some are
purely in order to improve the level and efficiency of teaching to explore the completion of the works.
According to the provisions of Article 16 of the copyright law in our country, citizens for complete unit
of work by the creation of the works is post works, copyright enjoyed by the author, but the unit has
priority; mainly use unit material and technical conditions of creation and borne by the unit responsible
positions works and the law, administrative regulations or contract agreement is enjoyed by the unit of
works made for hire, the only enjoy the right of authorship, the other rights of copyright by the unit
enjoys. According to the provisions, the organization's material and technical conditions is utilized to
complete the works of the author only enjoy the right of authorship, the other rights of copyright by the
unit enjoy. But in the remote teaching such as multimedia works, can with teacher of computer
knowledge freely and can independently, without too much with the unit of other material conditions,
the author thinks, this kind of "pure in order to improve the level and efficiency of teaching exploring
works complete works"[9] and consists of teacher autonomy to complete the works of the right should
belong to the teacher, but due to the uploaded to the network become a part of the remote teaching, so
the distance education institutions have the right to the use of and the use right for teachers' turnover
and termination, otherwise it will appear network gaps, the harm to students' interests [16-19].

5. The security and privacy issues involved in Distance

Education

Distance education institutions in addition to launch online distance learning outside, a series of
other links all connected to the network, such as online registration, online payment, and online query
results. Involving students in a lot of information -- such as basic information of individual students,
grades, bank card number and other personal private information must be transmitted through the
network and security and privacy protection is very important. Distance education institution bears to
protect information security obligations, unless for public security and network security supervision
department investigators need, not permission shall not to any personal information and access to
records to give to unrelated third parties (including other government departments, corporation,
association, organization or individual) [10].
Because of distance education institutions if it leaks damage the interests of students, the
institution shall be liable for compensation[11]. But if it is due to lead to software design flaws and
loopholes in the students of secret data and information to outsiders access and improper use, a serious
violation of the student's right to privacy and the right to property, this situation by who bear tort
liability? And due to the flaws in the design of the software itself lead to hacker attacks resulting in
Distance Education paralyzed, organizations and students of the resulting losses by who bear? The
software defects include the product areas of responsibility investigation of the manufacturer's product
liability. Computer software products in full compliance with the definition of the legal significance of
the products, in accordance with the “product quality law”, the product are processed.
For products that are used for sale, computer software is no doubt a. "Product quality law"
provisions of Article 43, due to the defects of products caused damage to human life or another person
property, the victim may claim compensation from the producer. Therefore, due to the flaws in the
design of the software itself lead to hacker attacks resulting in Distance Education paralyzed, and due
to the software itself design flaws and vulnerabilities lead to students of secret data and information to
outsiders access and improper use, a serious violation of the student's right to privacy and the right to
property, resulting in the loss of producers shall be liable for compensation. Judicial practice almost no
judgment software producers assume liability to pay compensation, which for the victims very unfair,
also do not accord with the spirit of the product quality law and law of tort should change this situation
as soon as possible. In practice, students have the right to go ahead of the rest to distance education
institutions requirements compensation (in fact, based on the contract also has the right, the
concurrence of liability), again by distance education institutions demand compensation from the
producer, if educational institutions on tort fault, educational institutions should bear the corresponding
responsibility.

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