On The Jurisdiction Of Copyright Infringement In Network Environment

Compared with traditional environment, network environment has some differences, such asthe high efficiency of spread, have no center, and openness. In the network environment, thejurisdiction system of traditional copyright dispute has been no longer suitable for the newenvironment. However, the current judicial system still has many shortages of copyright disputesin the network environment. By the analysis of current laws of China and comparison of currentlaws and juridical practice among China, U.S, and EU, this essay summarized some shortages andproblems in Chinese juridical practices by giving some cases. I also gave some my advices in mypaper. The first part of this essay started with the analysis of jurisdiction of copyrights dispute inthe traditional environment, I also showed the first case of webpage infringement, to prove thattraditional jurisdiction system is not enough for the network environment. On the other hand,Chinese related judicial explanation also has some progresses. In the first portion of second part,this essay explained the Targeting Approach which is widely applicable in juridical practice in theU.S courts recently. By giving two classical examples, to prove the advantage Targeting Approach.In the second portion of the second part, the essay stated related laws and judicial practice in theBrussels rules. Some courts in EU used some principles like Targeting Approach in judicialpractices. In the third part, this essay analyzed several cases, such as FanYa company sued Baidu,Zhejiang library sued Huwei He, showed some problems in the Chinese judicial practice. Thereare several problems about Chinese copyrights dispute jurisdiction system, these are: plaintiffsselect venue by creating common defendants, plaintiffs select venue by finding infringing contenton the internet, some judgement standards in judicial practice are not clear, and it is difficult tomaintain in judicial practices. In the last part of this paper, I gave some advices after summarizingthe successful experience on legislation and judiciary of the U.S and EU. Most of these advicesare on two aspects, they are judicial explanation and judicial practice. About judicial explanation, Ibelieve that we should establish the new standard, which should consider both the places wherethe plaintiffs live and where the cases happen. About judicial practice, I think that we can accordto the U.S and EU’s related experience, introduce Targeting Approach into our judicial practice, inorder to reduce the range of place where torts happen.