Research On The Crime Of Copyright Infringement On Network

In recent years, with the continuous development of digital network technology, copyright crime phenomenon relates to the network becomes more and more complex and serious. This phenomenon can be divided into three types,like copying and distribution, web publishing and production to sell. Each mode has some special form, copying and distribution mainly include translate the traditional work to digital work, BT download, network pilfer paste and illegal links etc. Web publishing is essentially an process of online copy and spread, so its criminal manifestations is similar to copying and distribution. Although produce and sell artistic works bearing fake signatures of others in the network is not common, it is not non-existent.It mainly include three kinds of act, one is signing other’s name after copying the artwork then sell it at high prices by counterfeiting other’s autograph work,two is signing other’s name on his own work,three is signing famous person’s name on the third one’s work to sell.In the network environment, the new crime presents some new features,like criminal behavior becomes different from the original, the subject of crime becomes popular and intelligent,the purpose of crime is not just for profit, and the judgment of the consequences of this behavior becomes complicated. In order to respond to these new features and solve the new problems in theory and judicial practice, the purpose of profit should make further explanation, distinguish between direct profit and indirect profit. The objective harmful consequences of crime also should add new evaluation standards, such as the click rate and the number of membership. In the aspect of objective behavior, due to a temporary copy and spread the works of others in the network does not belong to the reproduction and distribution behavior of criminal law, it is not possible to constitute the network copyright infringement crime. On the subject of crime, the end user of infringing works should not bear criminal responsibility,but for network service providers, it should be a concrete analysis of concrete conditions.If the network service provider at first did not know that he provide the link of the works is infringing works and timely disconnect links after receiving the notice from the right,he does not constitute this crime, but if the Internet service provider knows or should know the work he provided service is infringing goods at the beginning,he would have the subjective fault,and can become the network copyright infringement crime abettor.