On Copyright Infringement Liabilities Of Internet Service Provider

Today, the technology in the network is changing with each passing day ,the information digitization and development of the Internet is challenging the traditional way of copyright protection. As an important force of network information transmission, Internet Service Provider (ISP) has become the bridge between network and customer. It's usually hard to find out the real customer who spreads the infringement information, so the right holders fix their eye on the internet service provider. As the operators and managers, ISP has more economic strength and ability than the normal users to assume liability in tort. It that how to define the standard and scope of law responsibility of the internet service provider ,not only influences the level and quality of judicial protection , but also directly related to the development of emerging network services, at the same time related to the interests of countless Internet users. Therefore it is extremely necessary and valuable to discuss law responsibility of the internet service provider.This paper is divided into four parts to discuss the Copyright infringement liability of ISP.The first part is about how to defined basic concepts of copyright infringement and classified the types of tort liability. First of all, the paper defined the basic meaning of Internet service providers and classified them under different criteria. Secondly, the copyright under the network environment was defined and elaborated on the network transmission rights and reproduction rights. Then, on the basis of ISP'classifications, the paper discussed the service promoter of the network contents and the intermediary service providers, who assumed the responsibility of copyright infringement.The second part analyzed foreign typical case of the ISP'responsibility. First of all, in the early stage, the court in United States use the principle of strict liability to affirm the responsibilities of Internet service providers, judge ISP assume responsibility for the direct infringement, there is no different with the traditional approach. Secondly, in the questioned and an adjustment phase when the ISP assumed strict liability, the court in the case fully combined network service technical characteristics of Internet service providers, it established a standard that only subjectively, there is cause to constitute a direct infringement of copyright infringement. Thirdly, by analyzing the most typical case of P2P type in the United States, it was summarized in the well-defined stages of the judicial practice of ISP liability, meanwhile the court found infringement support and alternative elements of infringement.In the third part, the principle of attribution of ISP'responsibility for copyright infringement have been reviewed. According to the identification of copyright infringement liability, which the ISP assumed in the U.S., it divided into strict liability, fault liability, the presumption of fault liability and the weakened liability. The first stage, strict liability is not directly identified with the subjective element of fault. Then in the United States, when ISP taking responsibility for cases of copyright, they did not follow such a harsh attitude and standards. The second stage, according to the principle of fault responsibility, it comprehensive considered subjective factors and causality to determine that the ISP who just simply available to the public network facilities, non-involvement or control over the content of network, didn't assume the copyright infringement liability. The third stage, in identifying the responsibility of ISP, the principle of presumption of fault deepened the principle of fault liability. One hand, it reduced the difficulty of recognizing supporting tort liability, the other hand, it strengthened the identification of alternative tort liability. The fourth phase, the weakening of ISP liability stage. It was a mature way to address an adequate relationship between ISP and the copyright owner. Moreover, it created a sound legal environment for the development of ISP industry.In part forth part, it analyzed the situation of ISP'Copyright Infringement Liability in our country and how to consummate the legislation. First, the copyright infringement liability of ISP in the fields of legislation, judicial interpretations and practice was analyzed. Now it was pointed out that in order to promote the development of the Internet industry, the problem we must be seriously solve is how to readjust the rights holders, Internet service providers and users of the relationship between the works. Secondly, the paper suggested that in this field we should learn from the success of legislative experience abroad, and typical of judicial precedents. And thus we need further improve our the relevant legislation of ISP'copyright infringement liability, uphold the principle of the fault liability, ISP limited tort liability and further refinement the indirect responsibility of ISP.