| With the arising of any new born affair and improvement of our society,follow by legal problems.The emerging of the internet bring tough challenges to laws of every country.Many problems emerge unavoidablely in the development of the net.How to settle these disputes depends on not only the new legislation but also the appropriate of laws and regulations currently in force.By now ,the most serious and distinct problem of the net is about the protection of the copy rights.This has something to do with the net being a vehicle of information.The dispute of the infringement of copy rights in the net and the corresponding legal remedy is the comprehensive eflection of protection systems of copy rights transmitting to the net,which build the most interesting and novelest part of contemporary protection of copy rights,with the deep thinking of the protection of copy rights in the net.ISPs being the center of information transmission of the net,are key factors in the information transmission.Though ISPs do their job in the cyberworld,they should abide by the laws of real world and thereby bear the legal liabilities for their infringements.What legal liabilities should these ISPs bear in the infringement of copy rights is this article to discuss. In the field of intellectual property,many coutries refer the principle of liability without fault in their laws,which is showing a tendency.At the same time ,our country refer the principle of liability for fault,although many scholars propose the principle of liability without fault applying in the infringement of intellectual property.But in the light of the infringement of copy rights in the net, we should refer the principle of liability for fault when we decide what liabilities the ISPs should bear,which is advocated by this article.We should not press too hard on the subject of the legal liabilities of the ISPs,should not force them to take the burdens of supervision and bear liability without fault,otherwise it will do great harm to the development of this burgeoning industry.Too tough measures of control interfere with the information transmission and then destroy the basis of being fast,convenient,and sharing information of the net,and result in inequity.so more and more countries applying the principle of liability without fault refer the principle of liability for fault specifically to the ISPs. Concerning the infringement of copy rights in the net,ISPs might bear the liability of direct tort,joint tort and agency tort.But considering the reality of the net,as there are different types of ISPs in practice,only on the basis of dividing different ISPs can we stipulate the character of their practices and ascertain how they bear their liability so as not to lay too heavy liabilities on all ISPs and not to unpunish those ISPs who practise infringements in factwhen we study liability of infringement.This article analyzes the pratice of infringement of copy rights of ISPs in nine aspects,and put emphasis on the analysis of three typical types of infringement of copy rights,with deep insight of the ways they bear liabilities of infringement. When study the liablilities of infrigement of ISPs,this article focus on the net technology to discuss infringement of copy rights,because without the net technology all we discuss would mean nothing and we could not make right judgements.Furthermore,with the further development of net and improvement of technology,ISPs will have great changes not only in their scales ,but also in their forms and types,which will change characters of ISPs `pratices,so what this article discuss may be not problems any more in the near future.But no matter how the net develop,we should keep on analyzing specific problem specifically,not only consider the distinction of the net,but also pay close attention to the tendency of development in this topic around the world ,resovle the problems of infringement of copy rights reasonablely and legally not only good for the development of the net,but also protecting legal rig... |
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