Study On The Legal Protection Of The Right Of Communication Information On Internet

Technology always promotes the development of Copyright Regulations. As well as the internet technology brings unlimited convenience to our life, it has strong effect on Copyright Regulations. Since our new Copyright Law has established juridical status of the Right of Communication of Information on Networks, the copyright protection system has been extended into cyberspace. Therefore, as to the legal practitioner, how to employ the new law in the specific cases in the changeable internet technology becomes a big research topic.The dissertation consists of three chapters. Chapter one analyzes the challenges the traditional copyright regulations have to face with the rapid development of network and the appearance of mass network products. Especially the non-state of the networks and the sharing of internet products have brought the great effect on the regionality and the monopolization of the protection of traditional copyright regulations. Chapter two considers the legislation of the Right of Communication of Information on Networks which described in the WIPO,EU and our copyright law. Thus, the author points out that regarding the developing country, such as China, should insist on the rational standard wherever in legislation area or in legal practice. In the last chapter, the author discusses several problems when the Right of Communication of Information on Networks is adopted in legal practice and brings out the solution by analyzing the relevant contents in the laws and in the Judicial Interpretation of Supreme People's Court. Firstly, regarding the Jurisdiction, in the Judicial Interpretation of Supreme People's Court, there must be a difference between the places where the infringe act is committed and where it happens, otherwise the right owner will be too lazy to ask for his right because the cost of lawsuit is too high. Therefore, a determination of the place of an infringe act, especially distinguishing the places where the infringe act is committed and where it ends through legal practice should be made. Secondly, it is very difficult to make sure who is the subject in the internet tort cases due to the fictitiousness in the internet environment. The author puts forward the specific standard and methods on how to confirm the copyright owner etc. Thirdly, the author analyzes the importance and necessity of adoptingTemporary Restraining Order in infringing the Right of Communication of Information on Networks, and advances the specific steps and methods on how to adopt Temporary Restraining Order by the Court. Finally, the author suggests that in the disputes of infringing the Right of Communication of Information on Networks, the defendant should take the liability of the infringement pursuant to the non-fault liability instead of the fault liability, while the internet provider should take the liability of the infringement pursuant to the fault liability. In terms of compensation for damage in the infringement, the Court should consider the subjective faulty of the parties. As to the infringer who is unblamable should be sentenced less in compensation in benefit of protecting the development of internet information resource. Thus it is good for striking the balance of the copyright protection,the development of internet and the interests of the society.