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Study On Jurisdiction Of Internet Infringement

Posted on:2005-05-22Degree:MasterType:Thesis
Country:ChinaCandidate:W P ChenFull Text:PDF
GTID:2166360155456534Subject:International Law
Abstract/Summary:PDF Full Text Request
Internet is the biggest computer network in the world. It was originated from the U.S.A. in the sixties of 20th century. It developed rapidly in the middle and late of the 20th century. The flourishing development of Internet has changed mankind's traditional life style. Internet has enabled our daily life to reach an ideal realm in which distance can't keep us apart. However, as Internet popularize day by day, various kinds of related legal questions come out one after another, especially the question of Internet infringement. This thesis can be divided into three parts on the research of jurisdiction of Internet infringement. First ,it studies the concept , nature and kinds of Internet infringement, the impact and challenge to the traditional judicial jurisdiction ,the new theories on Internet jurisdiction. It does a basic discussion to these in the hope of finding out the ins and outs of the question. Second ,it analyses the judicial practices and opinions of the U.S.A.,Canada ,Australia and China separately. It presents relevant legal disputes and comments on the contents of the cases. It compares the similarities and differences of theories of jurisdiction on Internet infringement in order to offer reference for the development of it. Third, it puts forward views and suggestions. We should distinguish passive contact , interactive contact and active contact when we confirm the jurisdiction bases. Website and plaintiff's residence can be regarded as new jurisdiction bases for Internet infringement. Forum non convenience and prohibited jurisdiction can be references to the Internet jurisdiction. The purpose of this thesis is coming to present relevant legal...
Keywords/Search Tags:Internet infringement, Jurisdiction, Plaintiff's residence
PDF Full Text Request
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