On Spreading Right Of Information Network And Its Protection By Civil Law

Recently, the internet develops dramatically. By the end of June 2005, there are 45,600,000 computers surfing on the internet, which carries 100,000,000 users. The internet has been becoming an important way to get information. With the quick development of internet technology, it becomes common to spread articles, shows and records (called articles for short below) by internet. How to adjudge the relationship between the right subjects, net service providers and the user becomes an urgent problem. World Intellectual Property Organization passed"copyright convention"and"shows and records products convention"(called internet convention for short below) in November of 1996, which gives the public the right of get the articles at chosen time and place, which provide by the author by way of wire of wireless. Our copyright law defines the right as Right of Information Network. The State Council is required to institute the right's protection acts. Spreading Right of Information Network Protection Convention carries into practice formally at July 1st,2006, which landmarks the establishment of the law structure of Right of Information Network.About the new right, Spreading Right of Information Network, the text analysis the conception, characteristics, and foundation theory, bases on the civil and commercial law, especially intellectual property theory, emphasizes in the infringement activities and the duty undertakers and the limitation. There are there parts:The first part: the conception and characteristic of Spreading Right of Information NetworkThe conception and characteristic of Spreading Right of Information Network is the basic question. The appearance of Spreading Right of Information Network has it's inter and outer legislation origin, who is also keeps the motivation of traditional copyright. Spreading Right of Information Network is different from the traditional copyright, separated with the translation right, close to copy right, similar with publish right and broadcasting right without considering if people can choose the time and place getting the article. New"Copyright Law"and"Spreading Right of Information Network Protection Law"make the right some new characteristics, such as, specialists of the right subject, the category of the object, the specific and the active way, the property characteristic, the combination of the content, the limitation, and the difference of protection measure. Comparing with other rights, we know much about their differences. Analyzing the right's characteristic, we know much about it. All of this makes the theory foundation of Spreading Right of Information Network and its civil law protection.The second part: the constituents of Spreading Right of Information NetworkThis part discusses the basic theory of Spreading Right of Information Network. The constituents of Spreading Right of Information Network are the subject, the object and the content. The subject of Spreading Right of Information Network contains the traditional copyright subject and some other new ones, for example, the disseminator of net articles. In the 3rd term of new Copyright says all kinds of articles, which can upload on line, can be the object of Spreading Right of Information Network. In addition, some untraditional articles are protected, especially electronic collection articles. In these parts, it discusses the website and database on it specifically. About the content of Spreading Right of Information Network, the text starts from the conception of"Spreading Right of Information Network Protection Law", and discusses the active way and behavioral result. Analyzing the basic constituents leads to expatiate the infringement and regular rules.The third part: the infringement actionThe infringement actions of Spreading Right of Information Network have the same characteristics with that of traditional copyright's, and have many new ones, such as, the larger of affection category, high-level of the infringement technology measure, difficult to search. So, this part starts from the conception and characteristics the Spreading Right of Information Network to group the right into direct infringement way and indirect infringement way, based on which discussing the theory of the principles of imputation and duty undertake. The principles of imputation is the principles of indicating different ways of duty undertake of the infringement ways, and determines the duty constituents, the principles and the method of the damage compensation and the duty relief. In our country's law, there is no specific item about the principles of imputation. And the text discusses its responsible points. In addition, in the case of the Spreading Right of Information Network disputation, the duty ownership of ISP is too complicate to focus on. Settings off from the motivation of the ISP legal duty setting by judicial interpretation, the article elaborates the duty undertake rules of ISP. Based on the civil law theory, the infringement constituents of Spreading Right of Information Network are infringement action, the objective existence of damage fact, illegal activity, the casual relation between activity and the results and the subjective view of the infringement subjects. Then, the text analyzes the duty undertake way and the amount of the infringement way of Spreading Right of Information Network.In the conclusion part, the text points out: the legislation of Spreading Right of Information Network protection need to be perfect, make it be good for innovation, which brings the potential of spreading article on internet into play greatly, satisfy the need of using articles which keeps the balance between the right subject, the ISP and the article user.