The Research On Flaws And Improvements Of China's Law About Online Copyright Infridgement

In 2001, China, as a developing country, entered into the WTO in order to keep pace in fierce competition in the process of globalization. Because of this objective, China made some concessions. In the field of protecting intellectual property rights, China made many amendments in a large scale after entering into WTO. As the number of law about intellectual property rights is increasing and the scope of its protection is enlarging, there are more and more cases of intellectual property rights. Cases sued by multinational corporations has being greatly influenced the development of Chinese industries in every field. What's more, the developed countries still put pressure on China to improve the situation of protecting intellectual property rights. Therefore, it is essential for China to have"good law and judicial practices"to provide friendly environment for the development of all industries. This article aims to find out the gap between American and China's judicial level in protecting technological industries'development, and figure out the shortcomings of our law system and give some advice by analyzing cases occurring in America and China.Continuous technological innovations demand amendments of law to balance development of technological industries and rights of copyright holders. In recent years, China's network industries have being developed rapidly on one hand, however, the number of cases suing internet service providers are increasing on the other hand. Because of lack of relevant law and cases, China's court tends to conclude that respondents constitute direct infringement or joint tort, which has chilling effects on the development of internet industries and also makes them concerned by relevant companies, jurists and legal experts and so on.The contradiction between technologies and law occurring in America too, America is doing better in the aspect of protecting technological development. Therefore, it is necessary for us to learn from the American. Second liability is playing important role in online copyright infringement practice. It is reflected somewhere in American law, however, is developed by case law. In 1984, the rule established in"Sony case"is especially beneficial for technological industries development. 20 years later, the rule established in"Grokster case"is slightly different from the Sony's in restrictions on the situations it is used, providing friendly environment for technological development. In internet technological development, China should learn from advanced American law, keeping in mind that it is our responsibility to protect technological development and technological industries.This article consists of three parts: chapter one is about research on cases of American online copyright infringement, including introduction of the American law, and studies on"Sony case"and"Grokster case". Chapter two is about research on cases of China's online copyright infringement, including introduction of the Chinese law, and studies on two cases. Chapter three is about flaws and improvements of China's law about online copyright infringement, including summary of flaws of current law system and advice to improve it.