《马拉喀什条约》视域下读屏软件的法律之困与疏解之道

Legal Problems and Solutions of Screen Reader from the Perspective of Marrakech Treaty

视觉障碍人士等因生理之虞而有障碍于阅读者,其阅读之权利亦应得以保障,《马拉喀什条约》即以此为旨趣。然而,条约作为国际法之一隅亦为上层建筑,落实到实践以求予障碍人士以阅读之便方为应迎所需。读屏软件作为新生技术在实际生活中为阅读障碍人士带来方便,其与《马拉喀什条约》之精神不谋而合,但这一技术却有侵权之隙。技术中立原则并不能成为一项技术放肆侵权之理由,而一味限制亦将遏制新兴技术之发展。故从《马拉喀什条约》之规定出发,从法律层面再到技术模式探寻对读屏软件之规制,以求此技术既造福于阅读有障碍人士又不至逾法方是正举。

Marrakech Treaty aims to protect the reading rights of people who cannot easily read because of their physical disabilities, such as those with visual impairments. However, as a part of international law, the treaty belongs to the superstructure. When it is put into practice, can it meet the needs of such people. As a new technology, screen reader brings convenience to them in real life. It conforms to the spirit of the Marrakech Treaty, but this technology still has the problem of infringement. The principle of technological neutrality should not be a reason for technological infringement, and it is not conducive to its development to restrict new technologies blindly. Therefore, starting from the provisions of the Marrakech Treaty, from the legal level to the technical model, this technology would benefit the people with dyslexia without deregulation.