Literary Property In The Internet Environment And Its Tort Liability

As a remarkable invention in the 20th century, the Internet has presented us with a large amount of information and data, which made our lives much richer and colourful. However, the convenience for on-line communication gave rise to illegal transmission and use of information as well. This is a very prominent issue that needs people's attention, because information and data transmitted on-line are the subjects of the legal protection of intellectual property rights.The well-developed digital technology, in particular the Information Highway has dramatically changed the means for reproduction of copyrighted works. Nevertheless, there are a lot of problems in dealing with the copyright, distribution and transmission of works with the technological achievements.The Internet participators can hardly be classified. But even we can, the boundaries of users will gradually disappear with the perfection of the current services and the emergence of new ones provided online. Now a person or an institution can be both an Internet user and a website constructor.The operation of Internet and the user combination in China give the chance of infringing copyright on the Internet to individual Internet user, Internet service providers (ISP), non-profitable information providers and Internet Content Providers (ICP).It has been acknowledged that registered users shall bear contributory liability for infringement in the case of the violation of copyright by ICP. But the key point here is whether ICP or website owners are capable and entitled to choose their online data and whether they should bear liability only for "knowingly" infringing on other rights.The management of profits made from their network is quite decisive to define if the ISPs have liability in infringement of copyrighted works in their service. Only when it is aware, or informed of such practice but continue to provide service and infringement results, the ISP are a contributory violator and shall bear contributory liability.In this article, the situation and the concerns of the Internet will be illustrated in Fives chapters and my argumentation will be focused on The Copyright and its Infringement for Liability under the Internet Environment.