Network Intermediary Service Providers For Copyright Infringement Liability

Copyright law is rapidly changing. The digitization of content and the growth of the Internet pose many challenges to the way copyright- protected material is protected. Copyright law aims to provide the authors/creators and those taking ownership from them the tools to protect their exclusive rights in respect of controlling the copying and other forms of exploitation of their creations or"work". The Internet is invented on the purpose of information-sharing and its development sticks to this principle. The Internet Service Providers ("ISP"), notwithstanding their intention, utilize the users to conduct piracy on the internet, which undeniably harm the interest of related copyright owners. The copyright owners brought lawsuit against ISP on the ground that their conduct constituted copyright infringement. This paper begins with recent cases which brought quite arguable issues where traditional copyright law was awkward before new technologies. The paper restates the principle that one is deemed to conduct copyright infringement in absence of his mind state. However, the"copying"occurred in transmission when ISP acts as conduit shall not be regarded as infringement. The ISP may bear indirect infringement liability for other's direct infringement conduct on the ground of"Contributory Liability"or"Vicarious Liability". Besides resorting to the court, a more efficient way for the copyright owners and ISP to achieve balanced economic interest is to take technology measures and to invent win-win business models.