Copyright Infringement Liability For Online Service Providers (osp)

The emergency of network has brought a new revolution. It has subverted the former traditional media information issue and the transmission form thoroughly. Through the network people not only can facilitate information anytime and anywhere quickly, but also more convenient for carrying on works. But at the same time, the Internet also give the copyright owner some trouble, in recent years the network copyright infringement event occurred frequently, and do enormous harm to copyright owner's legitimate rights and interests. But the role OSP playing in the transmission and the issue of the right infringement intelligence has made the copyright person and OSP opposition sides. In the hope of protecting copyright person's rights and interests in network and limiting OSP from the direct and the indirect right infringement responsibility, this article hopes to consummate the domestic legislation through the absorption of the model and overseas advanced legislation technology, and achieve benefit balance of this both opposition sides: Both protection copyright person's legitimate rights and interests, and causes OSP as for because of not to undertake the overweight copyright right infringement responsibility but to hinder the Internet the development.This article divides four chapters. In the first chapter, I firstly point out the concept of the on-line service providers and the service business, then have differentiated the content service provider and the on-line service provider with emphasis. Afterwards this article analyzes the reason why the on-line service provider comes into the copyright infringement. In the second chapter, I mainly discuss the traditional copyright law right infringement responsibility principle as well as that under network environment To determine OSP the copyright right infringement responsibility, firstly we should be clear about the responsibility principle of its right infringement .Through the analysis of the strict responsibility principle (overseas), the mistake responsibility principle (domestic)in the traditional copyright law, it is clear that the traditional copyright infringement responsibility principle has been suitable under the network environment no longer. In order to adapt the internet development, we must protect the copyright person's legitimate rights and interests, limit the OSP overweight right infringement burden, consummate the existing copyright law, and turn the copyright infringement...