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A Study Of The Copyright Infringement On The Internet Of The Internet Service Provider

Posted on:2009-11-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y F LiFull Text:PDF
GTID:2166360242488729Subject:International Law
Abstract/Summary:PDF Full Text Request
As a new-born method of information transmission with features such as openness , unlimited reproduction and interactive , the internet bring much conveniences in information dissemination. However, it also enables copyright infringement on the internet is increasingly rampant. Copyright infringement on the internet has its own characteristics: in terms of the main category of infringement, it is internet service provider, including Internet access providers, internet platform providers and internet content providers; for the access of infringement, it's a digitizing process of infringement, which is inseparable from the use of network. Internet service providers is an indispensable part and intermediary in the cyberspace. Because of the special status of internet service provider, copyright holders often put internet service providers into the dock to protect their proprietary rights.Aiming at balancing the interests of internet service providers, copyright holders and users, and promoting fast and healthy development of the network, making a study of the legal issues which involve the copyright infringment of the internet service providers has very real and important significance. The functions and service modes of Internet access providers, internet platform providers and internet content providers are distinct, so they lead different impacts on the network copyright. According to the difference of the main parts, a thorough analysis in internet service provider violating network copyright is conducted in this paper. Starting with the legal status and classification of internet service providers using mathematical analysis, case studies and the methods of comparison, this dissertation makes thorough research at the internet service provider's tort and on this basis, writer discusses different liability principles which are suitable for the internet service provider with distinct nature. Then the essay proposes the viewpoint of the principle of fault to the internet access providers and the principle of presumption of fault to the internet platform providers and the content providers.
Keywords/Search Tags:Internet Service Provider, Tort, Network Copyright, The doctrine of liability fixation
PDF Full Text Request
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