The Research Of The Liability Of Copyright Indirect Infringement On Internet

Under the rapid development of social economy and technology, the internet has greatly enriched and changed our life. The severity and extent of this indirect infringement of copyright is increasingly enhanced comparing to traditional environment of paper works. As a key actor of internet operator, the on-line service provider has much more economic power than the general internet customers. It could be involved into copyright infringement disputes which frequently occur on internet easily, and indirect infringement has become an important issue recent years. Because of the characters of the indirect infringement of copyright on internet, it is more complex than the indirect infringement of copyright under traditional environment. We can not use the same way to deal the problems about what kind of responsibility the on-line service provider should have. The traditional tort law can not regulate the indirect infringement perfectly. The existing laws of our country have some points to the copyright infringement liability of on-line service providers and their liability, but these points have not been concentrated and can not solve the indirect infringement on internet well. To define the liability of indirect infringement of copyright on internet correctly means a lot to the protection of the copyrighter's rights, and is good for the development of internet business. Deeply explore the copyright infringement liability of on-line service provider is important and necessary.The whole thesis can be compartmentalized into four sections:Part 1 is about the summarization of the liability of the copyright indirect infringement. The compare between the copyright indirect infringement liability in internet and in traditional environment gives us a clear comprehending of the essence and characters. The conception of the on-line service provider, the four elements of the copyright indirect infringement in internet, the types of the copyright indirect infringement liability have also been discussed in this part.Part 2 reasons the values of the copyright indirect infringement liability system. The system has came through a history that growing up little by little. Its value has been proved by the theory of economic about pay-and-get as well as the theory of demotic about the commonweal.Part 3 introduces and analyzes the legislation about the liability of on-line service providers in different countries than China, such as USA, Germany, European union. The legislation and case development of these countries gives us a lot of successful experience to learn.Part 4 gives advices on the legislation of the copyright indirect infringement liability of our country. It discuss the imputation principles of fault liability, and the separate civil liabilities of direct tortfeasors, indirect tortfeasors and final users.