Comparative Study Of Copyright Infringement Liability Of Internet Service Providers And Its Inspiration

Internet service providers are at a crucial position in the network copyright protection. Relevant international organizations and countries have legislated in succession with a view to resolve the issue of network copyright infringement liability. Before discussing the copyright infringement liability of Internet service providers, defining the concept and types are necessary, and then in the specific disputes among different types of internet service providers, liability principle is applicable and infringement liability is pursued.This thesis is divided into three chapters, namely the defining the concept and types of internet service providers, relevant countries to deal with the principles on copyright infringement liability of internet service providers, and the legislation and practice on copyright infringement liability of internet service providers.Chapter I is about the defining on concept and types of internet service providers and how the copyright infringement liability problems of internet service providers to cause. This chapter also divided into two parts. The first part is about the concept and types of internet service providers. There is no agreed acknowledge on the issue. On the category and function perspective, internet service providers can be broadly grouped into three types: the first is the Internet Access Provider, called IAP for short; the second Internet Platform Provider, called IPP for short; the third is Internet Content Provider, called ICP for short. In fact, these types of services, these functions are often concentrated on one internet service provider. The second part introduces internet service providers in the role of internet information dissemination, and its liabilities on copyright infringement, the locations in different types of services. The discussion of this part bases on the classification of OSP (IAP,IPP) and ICP. In the last part, for different locations and functions in network operation, the servers are in different body positions in specific cases, we should handle it with distinction.Chapter II is on the internet service provider's liability principles of copyright infringement. This chapter consists of two parts. The first part is the commented on domestic and abroad copyright infringement liability principles traditionally. Firstly, the majorities of the countries in the world don't take the mistakes as copyright infringement liability, but adopt of strict liability, which is reasonable. For instance, the United States before acting the"Digital Millennium Copyright Act"(called DMCA for short), the copyright infringement liability of internet service providers and the judicial practice is to follow the tradition. Secondly, China's traditional copyright infringement liability principle is the principle of liability for mistakes, reflecting in"General Principles of Civil Law","Copyright Law"and other relevant laws and judicial interpretations. Mistake liability has been difficult to meet the actual needs of copyright protection, and generate a number of conflicts and contradictions in judicial practice. Chinese courts in the similar cases inevitably adopt some flexible approaches to deal with the principle of the liability to reconcile the conflict between copyright protection requirements. The results of reconcile is copyright infringement liability strictly in essence. This conforms to a certain extent, strict liability, as the principle of copyright infringement liability, conforming to the international trend. The second part describes how the major principles of traditional copyright infringement liability are applied in the copyright infringement liability of internet service providers. Distinguishing the different situations between OSP and ICP, traditional copyright infringement liability in ICP is still applied but not in OSP.Chapter III is about the domestic practice on copyright infringement liability of internet service providers. This chapter is divided into three parts. The copyright infringement liability of ICP is the first part. Firstly, it is the confirmation that the identity and liability of the ICP. A website operator in particular copyright infringement disputes whether playing the role of ICP or OSP is uncertain. The author introduces the United States and Chinese relevant typical cases, and find that, judges depend primarily on whether the website operators have a direct infringement act, regardless of whether there is any subjective. The author seeks basis on copyright infringements liability of ICP in legislation from a number of countries, and found that, many countries are in accordance with the strict liability standard. Secondly, this section is about the direct infringement liability of OSP. Once the digital information enters into network system or other facilities, automatically and temporarily, reproduction and dissemination of this information cause direct infringement. If following the foreign traditional theory of copyright direct infringement liability, OSP will undoubtedly losses heavily in the business. So it is necessary to limit the direct infringement liability of OSP. The second part is about the indirect infringement liability. Indirect infringement means that, help, abetting and facilitate directly infringement, or the act of expanding the consequences of direct infringement. When users are acting direct copyright infringement, the facilities belong to OSP obviously help the direct liability or allow further expand the consequences of liability. At this time, the OSP will face the risk of indirect infringement. The third part is about the enlightenment on foreign copyright infringement liability of internet service providers. Firstly, the author introduces the legislative situation in China, mainly focus on the relevant judicial interpretations of the provisions. Secondly, the author introduces the legislative proposals on copyright infringement liability of internet service providers. We should pay particular attention to the standards which established for ISP copyright infringement liability, considering the copyrighter, ISP and the public interests of the tripartite balance.In summary, the author has conducted researches on the copyright infringement liability of internet service providers by taking the"balance of interests"as the starting point and considering current legislative status of our country. At the end of this thesis, the author proposes that we should revise and perfect the current copyright law of our country through the supplement of the copyright infringement liability of internet service providers in the copyright law.