The Tort Liability Of The Intellectual Property Right Of Internet Service Provider In China

The come of the age of Internet has brought the revolution of human's life. And it also causes a strike of the tradition jurisprudence. The first beachhead of this tsunami is copyright. It is out of the tradition Copyright system, and the solution of the problem is in dire need.The object of study is the tort Liability of Internet service provider in the copyright field. Starting from the copying behavior of providers, by the comparison of National legislation and the analysis of Theory in the cases find the disadvantage and Inadequate in Chinese Law and perfect the former. The main line is the tort liability, and it can classify direct liability and indirect one. In the direct liability, Regardless of the kind of service providers, Store in whose computer is less important as the copying deed now is only the affiliated one and the indirect liability is more important. In field of indirect one, Internet access provider is in the position of Public Information Channel and should work in the extent permitted by law; To Host Storage and Information Locator provider, how to explanation of the Fault is a very difficult problem and a important study object. In this problem, the author thinks it can be solved by creating elements of this and proposes my view in the elements. By the principle of Balance of Benefit, the last solution is not only backed by the elements of the Fault, also by the construction and consummation of system. And the latter is more important than the former as the system is more stability, rationality and orderliness. In this base, propose the advice of consummation in the liability tort of Internet service provider.