The Construction Of ISP Indirect Infringement Liability In Copyright Law System

The appearance of the Internet has made people's life so tremendously convenient that people can't live without the Internet any more, but it also shakes the active legal system violently, and cause the unbalance of intrinsic interest balance mechanism. One of the most important problem is that traditional interest balance mechanism between copyright owners and works users can't adopt the new condition during copyright protection. The appearance of the Internet has changed the works'diffusing method, increased the infringement manifestation mode, Internet Service Providers(ISP) become new works diffusing middlemen, so how to balance the interest of the copyright owners,works users and works diffusing middlemen has become the urgent solved problem, and the key one is the Internet copyright infringement liability of ISP.At present, our law system of the Internet copyright infringement is still incomplete, and far from satisfying the realistic need. But the researches on internet infringement overseas have more than ten years history and get a great achievement. This article researches on foreign laws especially US typical cases of ISP infringement liability, and points out the apocalypse and use for reference, at last, put forward my opinion to establish the ISP indirect infringement liability in our copyright law system.Chapter 1 define the concept and sort of Internet Service Provider, and proceed with the status and effect of ISP in Internet to analyse the gist of ISP indirect infringement liability and the problem needed to be solved.Chapter 2 introduce the laws and cases abroad about ISP copyright infringement, especially introduce ISP indirect infringement liability in America.Chapter 3 bring forward the construction of ISP copyright indirect infringement liability in our laws. In allusion to the legislation actuality of our Internet copyright liability: firstly, to legislate ISP indirect infringement liability in higher class; secondly, to legislate ISP obligation definitely; finally, aiming at Regulation on the Protection of the Right to Network Dissemination of Information, point out the drawbacks of existing system of ISP infringement liability, and import whole contributory infringement liability and vicarious infringement liability.