Font Size: a A A

On The Copyright Infringement Liability Of The Internet Service Provider

Posted on:2009-06-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y G HuoFull Text:PDF
GTID:2166360242498100Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As platform and intermedium for network information communication, Internet service provider plays an extremely important role for the normal operation and development of the Internet. Just because information-sending and transmission on the Internet can't be separated from Internet service provider, copyright infringement cases frequently occur on the Internet that provider is easily involved in the swirl of infringement disputes. However, copyright infringement on the Internet is more complicated than that in the traditional law. It's not easy to define it exactly. If the dispute can't be handled properly, it will go against protecting the right of copyrighter and Internet service provider, go against the creation and transmission of works in web environment. go against promoting the healthy development of Internet business. Therefore, it is necessary to explore the copyright infringement liability of Internet service provider.The full text is divided into three parts, the introduction, main body and closing. The main body includes the following aspects.First, the current legislation on Internet service provider's copyright infringement liability at home and abroad. After WIPO passed two conventions on copyright protection which had the significance of milestone, based on them, every country and region focused on regulation of Internet service provider's copyright infringement liability, and made their own copyright law. American DMCA and the EU'S"digital copyright directive"are typical and representative. China also positively explored the protection of Internet copyright in the legislation and judicial practice. The knowledge about Internet service provider's role in protecting Internet copyright gradually comes to mature. A series of administrative regulations and rules were made. But defects existed, too. Principle is too rigid to operate. Second, the types of Internet service provider. Web service provided by infrastructure operators and facilitator who provide physical connection services only is a"public access"to transmitting information. The transmission contents by using its facilities and process route do not involve the protection of the Internet copyright. As a result, Internet service provider adjusted by Internet copyright mainly includes the following five types: Internet content provider: network access, transmission service provider: the system cache service provider: the network storage space provider: searching and linking service provider. Usually, the later four types of provider are all called online service provider.Third, the contents of Internet copyright and its corrected right. China's"copyright law"established Information Network Transmission Right through a new way, which is combination of traditional replication right and transmission right. It is a converged right. The text also discusses the necessities of establishment of"right to adopt technical measures"and"right to join the management information".Fourth, the types of Internet service provider's copyright infringement liability. Different types of Internet service provider offer services in different ways and they commit different types of tort liability. Internet content providers are mainly involved in direct infringement liability. Online service providers are mainly involved in indirect infringement liability which is divided into contributory infringement, vicarious infringement and lure infringement. The text expounds the distinction between the indirect infringement liability in civil law and traditional copyright law and indirect infringement liability in Internet copyright law, and pointed out the necessity of individual establishment of Internet service provider's indirect infringement liability.Fifth, the classifying analysis on imputation principle of Internet service provider's copyright infringement liability. Principle of no-fault liability could apply to Internet content providers who are similar to the traditional publishers. Online service provider fulfills an intermediary function during the process of network information transmission, principle of fault liability could apply to them.Sixth, the restriction of Internet service provider's copyright infringement liability. To promote the healthy development of network industry, it is necessary to restrict Internet service provider's copyright infringement liability.Seventh, the perfection of Internet service provider's copyright infringement liability system. To enhance the operability of Internet service provider's copyright infringement liability system, the article tries to put forward some suggestions on establishing Internet service provider's indirect infringement liability system, instructing"induced rule"which adjust P2P model and determination clearly basis for adjusting subjective fault about indirect infringement liability and so on.
Keywords/Search Tags:Internet service provider, Copyright, infringement liability
PDF Full Text Request
Related items