On The Copyright Tort Liability Of Network Service Providers

Along with the science and technological advances keep coming thick and fast inthe human civilization, internet services have become an important part ofinformation industry, which makes Internet Service Provider come out. InternetService Providers’ participation in the network change the way how informationcommunication and which has made the information transmission efficiently. But tillthen, Internet Copyright infringement have eliminately raised up in our daily life.Nowadays, Internet Copyright infringement which means Internet ServiceProvider break the mandatory obligation set up by Copyright Law. Internet ServiceProvider have become one of the most often-seen participators in Internet Copyrightinfringement, in such cases, people mainly focus on the definition of how InternetService Provider take their duty of care.The full text is divided into three parts, the introduction, main text and theclosing. The main text is includes the following aspects.First, the types of internet service provider. According to the legislation of thewhole world, Internet Service Provider adjusted by Internet copyright mainly includesthe following parts: Internet Service Provider and Internet Content Provider.Second, the classifying analysis on imputation principle of Internet serviceprovider’s copyright infringement liability. Online service providers fulfills theintermediary function during the process of network information transmission,principle of fault liability could apply to them.Third, the current legislation on Internet service provider’s copyrightinfringement liability at home and abroad. In this paragraph, we will discuss thedifferences of legislation between different countries such as the United States, theEuropean, German, Taiwan and China.Forth, the standard of fault of Internet service provider is the important key forjudges dealing with cases of copyright. In this paragraph, cases which were taken inthe United States and China are used to be shown the different principles used by judges in two different countries.Fifth, rules to be followed in the infringement liability are the key that promisesthe copyright holder being fairly treatment. Different requirements of litigation willlead to different results of compensation, which shows the importance of the choice ofrules chosen by judges.Sixth, the perfection of Internet service providers’ copyright infringementliability system. To enhance the operability of Internet service provider’s copyrightinfringement liability system, the writer is trying to put forward some suggestions onestablishing Internet service provider’s indirect infringement liability.