| The Internet is a new information dissemination media.Some authorship issues emerging from it have a great impact on the China's existing institution of copyright law .In this context, the amended laws on copyright were promulgated in October 27,2001, which embody the protection of the new right on the copyright in the context of the whole Internet, the right on the network information dissemination. This new right is relatively vague in practice. The thesis makes a deep penetration into the infringement on the right about network information dissemination, using some pragmatic ways such as comparative studies, case analysis, linking theory with practice. The paper contains three chapters.Chapter One covers the basic theories of the right about the network information dissemination. It introduces the necessity, the establishment and the connotations as well as the distinctive features of it From where I stand, the new right arises from the fact that the conventional right of information dissemination can't cover that of network dissemination and its protection. It is a new and separate exclusive right in line with Item Eight of World Intellectual Property Organization Copyright Treaty, which contributes to the development of the copyright in China and is in accordance with the context of the legislation. It's quite distinct from other rights on publications, which is the main part of information dissemination. It possesses such qualities as decentralization, exclusiveness, open scope, compound ness, specific characteristics of exercising and interaction.The realization of the right lies in the above.Chapter Two concerns the infringement of the right on the network information dissemination. In this part, the infringement on the right of the network information dissemination is expounded on through some of the major domestic and international cases of Internet provides and network service providers. From where I stand, the content provider and network service provider are the main part of the violators on the right. The thesis makes an adequate analysis of the infringement as well as the responsibilities with regard to compensation. Internet content provider is a direct violation. As long as the conducts are performed without copyright permission and beyond the exclusive right or the defensive reasons can't be provided such as legal use or statutory permission, that's a direct violation. Whether the perpetrators have subjective fault affects only the amount of compensation or relief methods, not affecting the identification of their direct violations. Because the behaviors are among the direct violations, the principle of compensation should be categorized among the fault principle of compensation. Through the analysis of the violation of the Internet content provider, the responsibility of indirect violation and the linkage problems, the infringement of the network service provider is the indirect violation. The indirect violation is identified when the perpetration contributes to the illegal substantive assistance with the ignorance of the case. As is stated, direct violation belongs to the subjective fault, thus the identification of the fault of the Internet content provider is achieved through analysis of the external behavior and the related issues. The behavior of the Internet service provider offering the linkage, which is the indirect violation, is recognized through the responsibility principle of indirect violation. As this behavior is complex, the ways of providing the linkage and its legal obligation is further expounded on.Chapter Three contains the legislative thoughts and proposals about judicial protection of the right of the network information dissemination. As the network technology develops, there are still many limitations to copyright legal system in the context the Internet. Some areas should be strengthened and perfected. The thesis offers some proposals about combining the international advanced legislative experience and the copyright law in China. |
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