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Research Upon The Liability Of The Indirect Infringement Of Internet Service Provider

Posted on:2009-10-20Degree:MasterType:Thesis
Country:ChinaCandidate:X ZangFull Text:PDF
GTID:2166360245957628Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The fast development of internet technology offers expediency for information communication. Meanwhile, it causes the expanding inundation of internet infringement. Users often accuse the Internet Service Providers (ISP) to claim their civil rights. ISP, as the main body for user connection,information content service and management platform service, is the nucleus of the development and popularization of internet. If there were no legal and high quality service from ISP, the development of internet would be blocked. The infringement actions of ISP can be found all round and they consist of the invasion for copyright,trademark right,privacy right and reputation right. If no legal measures were taken to prevent those infringement actions of ISP actions, the legal interest of the users would not be protected and negative influence on social environment would be brought about. So, the research on the infringement actions of ISP is of great actual significance.The infringement of Internet Service Provider involves "direct infringement" and "indirect infringement". Among them, the service provider which offers the network contents will generally undertake a direct infringement responsibility, about which there is no great dispute in the academic field. The intermediary service promoter which provides personal space, search engine and BBS forum service for the network customers, will not constitute the corpus of direct infringement itself. But it can involve itself in "indirect infringement" if it provides any material help for the direct infringer. Compared with the perfect provision of "indirect infringement" in some well developed nations, the systematical provision has not been set up in the current legislature in our country. With the occurrence of such cases, there are increasing researches and discussions on the indirect infringement responsibility of internet in the academic field. Meanwhile, judicial practice departments also deeply understand that it is necessary for our country to strengthen relative lawmaking to enforce law on the indirect infringement responsibility of Internet Service Provider.This paper begins with the introduction of the value of liability system for the infringement of Internet Service Provider, then reviews the regulation of indirect infringement responsibility in foreign countries and summarizes their lawmaking experiences. Based on the current legislation status in our country, this thesis presents the conception for establishing second liability system in our country. Five chapters are included in this paper. The first chapter focuses on the summary of second liability system, which includes the definition and classification of ISP as well as the introduction of the second liability system in foreign countries. In the second chapter, the identification standard and blaming principle for the indirect infringement responsibility of Internet Service Provider are analyzed from such aspects as asset right and personal right, which involves copyright, trademark right, privacy right and reputation right. Chapter three analyzes the problem of indirect infringement responsibility undertaking for the Internet Service Provider. It is composed of liability restriction, responsibility undertaking approaches and reasons for counterarguments. Finally this paper presents suggestions on perfecting legal system based on the current legislature status in our country and makes a conclusion that the special legislation about indirect infringement liability of Internet Service Provider should be made.
Keywords/Search Tags:Internet Service Provider, Indirect infringement, Contributory infringement, Vicarious infringement
PDF Full Text Request
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