Study On ISP Indirect Infringement Liability Of Copyright

With the rapid development of Internet technology, the exchange rate of information was greatly improved, the internet begins to change people's lives, people can not live without the Internet any more, the Internet great convenience in people's life, Internet Service Providers in accelerating transmission of information on the Internet played a very important role. At the same time, due to the convenience of information communication on the Internet, the copyright infringement increasingly serious on the Internet. In order to maintain its right, the copyright owners usually charged the Internet Service Provider, because of the particularity of the Internet environment, the law of traditional copyright is hard to Applicable for Internet Service Providers, and the law of copyright infringement on internet is not perfect, so the case about the copyright infringement on the internet is hard to judge.The researches on ISP Indirect infringement liability of copyright overseas have more than ten years history, they establish the indirect copyright responsibility system, this system has clear definition about the responsibility of ISP Indirect Infringement Liability of copyright, And the system can reach better balance the copyright owner, Internet Service Providers and internet users. Through the analysis of foreign laws and case, this article attempts to get inspiration for perfecting the system on ISP Indirect infringement liability of copyrightThe article is divided into three chapters:Chapter 1 define the concept and sort of Internet Service Provider, and proceed with the status and effect of ISP in Internet to analysis the gist of ISP indirect infringement liability and the constitutions of ISP indirect infringement liability.Chapter 2 introduce the laws and cases abroad about ISP copyright infringement, Especially introduce ISP indirect infringement liability in America. There is no direct rules about copyright laws in America, the Court gradually clear the direct copyright infringement liability and indirect copyright infringement responsibility. In the aspects of legislation, America experienced from strict liability to fault liability. In 1995, the government passed a Act named NII in order to protect the interests of the copyright owners, the Act established no-fault liability principle of ISP copyright infringement. The NII was strongly opposed by ISP, in 1998 there were two Acts being passed, the one was The On-line Copyright Liability Act, the other was Digital Copyright Clarification and Technology Education Act, the two Acts established fault liability principle of ISP copyright infringement. In 1998, the Digital Millennium Copyright Act was passed, the Act definite the rights and the obligations of ISP and establish the rule of exemption. In the aspect of judgment, the case of Shapiro in 1963 established vicarious infringement liability, the court clear the constitutions of vicarious infringement liability, including two elements, the one was that the person has the right and power of controlling infringement act, the other was that the person gain profit form infringement act. The case of Fonovisa in 1996 established contributory infringement liability, the court clear the constitutions of vicarious infringement liability, including two elements, the one was that the person has known that there was infringement act, the other was that the person offer to help for infringement act. In addition, in 1984 the case of sony has established "substantive non-infringement usage" principle, if a product has a substantive non-infringement usage, then the product makers and sellers do not have liability if the product was used in infringement act. Form the case of Netcom, the system of indirect infringement liability was import to the field of internet, and the standards of indirect infringement liability have been adjusted constantly. And then the article begins to discuss England. Different from the United States, England directly defined several behaviors as indirect infringement act. At last Germany are introduced, facing the complex situation on the internet, Germany begins to define several behaviors as indirect infringement act.Chapter 3 brings forward the suggestion of ISP copyright indirect infringement liability to perfect our law system. Relatively speaking, our legal rules about indirect copyright infringement have been very weak and imperfect, there is no clear definition of indirect copyright infringement, so we shall reference foreign legal system and according to the actual conditions of our country, perfect our law system of indirect copyright infringement of ISP, and establish a kind of balance of interests between copyright owners and ISP.