The Study On Indirect Infringement Liability Of ISP

The digital technology upset the inner balance of traditional copyright system. To recover the inner balance of copyright system, the indirect infringement liability was applied to the digital environment, and never ending expanding. Although Internet Service Provider's (short for "ISP's ") indirect infringement liability system can recover the inner balance under the digital environment to some extent, we can't ignore its low certainty, unpredictability, low economic efficiency and other defects. In response to new technological developments, the Internet age copyright protection needs new ideas and legislative paradigm. This paper tries to analyze ISP's Indirect Infringement Liability from the perspective of the Tort Law, and then puts eyesight on the birthplace of Indirect Infringement Liability- the U.S., examines its related cases and legislation, find out that our existing Tort Liability Law is sufficient to cover the theoretical framework of ISP's Indirect Infringement Liability without the need to establish a ISP's Indirect Infringement system, while recognizing that the standard to determine ISP's Indirect Infringement Liability is according to national conditions and corresponding to the protecting level of IP which depends on a country's public policy. Although Intellectual property (short for "IP") protection issue refers to characteristics of IP system itself, the protection of IP still belongs to the main content areas of Tort Law, this paper tries to build ISP's Indirect Infringement Liability basing on the actual situation in China and under the framework of the Tort Liability Act, and brings out relevant legislative proposals to perfect "Tort Liability Act". Only to clarify ISP's indirect Infringement concept, explore its theoretical roots, then one day that the Tort Liability Act was shattered to find some basis for a unified theory will come.