On The Responsibility Of Internet Service Provider For The Copyright Indirect Infringement

Since the end of last century, P2P software represented by Napster has been developing rapidly, which results in the extensive spread of P2P technology and breaks the Internet traditional server-centralized framework, bringing about the battles between infringement and anti-infringement one by one in the copyright area. The battles continuously touched the copyright rules in the field of Internet. Therefore, the in-depth analysis arisen from the phenomenon of unbalanced copyright benefit-not only drives network copyright protection, but also is the demand of unceasing innovation of P2P technology itself.The paper first introduces the P2P technology and network communication behavior, and based on the forgoing fact it brings in the united state's case law for the classification of the Internet service providers' indirect liability—contributory infringement and vicarious infringement. Then, it summarized the development of indirect infringement liability system, using a series of related case as examples, such as the Sony case, the Napster case and the Grokster case. Especially, it analyzed the famous Grokster case in which Internet service provider of P2P bear the indirect liability. The Youtube case happened recently pushed the benefit conflict between copyright owners and Internet service providers forward. Consequently, based on the in-depth analysis of the court judgment in the Grokster case, the author has made a preliminary study on the Youtube case by making use of the theories of "capable of substantial noninfringing uses"standard,"safe harbour rule", "fair use doctrine" and so on. The author believes that Youtube basically satisfied the conditions of the aforementioned rules and the court should make summary judgement in favor of defendant.Moreover, the author expounds the deep-seated legal issues contained in the Grokster and Youtube cases from the basic legal theories and technical level, and points out their enlightenment to and the meaning of reference for China. Firstly, the Grokster and Youtube case cause the consideration of rebuilding the benefit equilibrium of copyright. On the basis of specific analysis and legal principles of the two cases, the writer concludes that the equilibrium rule of copyright should be set up. Secondly, with the booming of network information technology and business in China, cases involving Internet service providers are gradually increasing. The writer construes the related legislation of the liability cognizance of China's P2P Internet service providers' infringement and typical domestic cases, and points out the insufficiency of contemporary legislation, makes suggestion on how to construct fair and reasonable benefit equilibrium rule of copyright. In conclusion, the establishment and completion of indirect liability system, not only encourages copyright owners' innovation and development of intellectual fruits, but also promotes the development of information technology and related industries. Accordingly, it will favor the spread and share of knowledge and information in the whole society. Therefore, to realize the benefit equilibrium between different interest parties, besides emphasizing affixing the liabilities, cooperation should be encouraged to solve the conflicts between different interest parties. This is exactly the research purpose of the paper.