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Information Intermediary Service Providers Who Copyright Infringement Responsibility

Posted on:2009-04-23Degree:MasterType:Thesis
Country:ChinaCandidate:X JiangFull Text:PDF
GTID:2206360245452713Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the computer and multimedia technology development and dissemination of information means of rapid expansion, works through the wide dissemination of the information network, but also to traditional copyright legal system brought about severe challenges. How to effectively standardize intermediary service to provide information to the copyright infringement liability, clear responsibilities and limits, will directly affect the level of protection to copyright works and the wide dissemination of the health network development, particularly for the large current situation, to study the issue more forward-looking significance and practical value, the paper from the perspective of the intermediary service to provide information on the copyright infringement liability for the shallow research.In this paper, as defined by the information intermediary service providers refers in the open information network for the dissemination of information content provided intermediary services, through the information network copyright infringement and the characteristics of the current situation of industrial and domestic legislation of that Information intermediary service providers to bear the responsibility for copyright infringement is feasible.The paper based on tort theory, combining the characteristics of the information network industry, through a comparative study at home and abroad in the information intermediary service providers copyright infringement liability regulation of judicial practice and legislative model, summarized the information intermediary service providers the type of copyright infringement, and on the basis of this analysis of the information intermediary service providers in copyright infringement and the principle of attribution of responsibility for the limitation of liability. The article maintains that based on the network to consider the status of the development and integration of information intermediary service providers in the network of copyright violations in the course of the status and role should be to fault the principle of the responsibility for its copyright infringement liability principles, but also we need to scientifically defined "Fault", through the limitation of liability, given the information necessary to provide intermediary services, the development of space.Using comparative analysis, the author of the survey information network industry practice, improve information on the intermediary service provider of copyright infringement by their own thinking, and hope to continue to deepen in practice and eventually applied to practice, the application of the law to take the initiative Standardize enterprise behavior.
Keywords/Search Tags:information intermediary service providers, attribution principle, limitation of liability
PDF Full Text Request
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