The Study On Copyright Infringement Liability Of ISP

Internet Service Provider plays an important role in Internet. This article classified ISP into Internet Content Provider and on-line Service Provider according to their different status and functions. Internet Content Provider like a publisher, providing the material to the internet users .It is clear that Internet Content Provider will be liable for copyright infringement if they are directly involved in the copying of protected material. For example, if a service provider were to place an electronic copy of the latest best-selling novel on their bulletin board or web site, they would be guilty of copyright infringement. Many foreign countries adopt no-fault liability, while China consider the Internet content provider should liable for the liability when they merely for the known. Under the Internet circumstances, the no-fault liability should be adopt according to the international direction to protect the copyright owners. However, Internet Service Providers can be found liable for copyright infringement even where they are not directly engaged in the copying of protected materials. For instance, ISPs are responsible for equipment, such as a computer operating as a server, that is capable of making copies without any direct involvement of any person. As one example, the newsgroup servers controlled by OSPs make thousands of copies of newsgroup files everyday. Although some of these files undoubtedly contain copyrighted materials, no OSP has yet to be found guilty of copyright infringement merely for the unknown, autonomous action of their newsgroup servers. An OSP may be liable for infringement when they cause or contribute to the infringement conduct with knowledge of the infringing activities. Inaddition, An OSP may be guilty of the infringing actions of infringer if OSP has the right and ability to control the infringer's acts. In my article I introduced some legislation and recent cases of foreign counties, especially providing a set of rules on OSP copyright infringement liability in DMCA, based on which I proposed some advice on how to perfect the copyright law of China.