Network Intermediary Isp Copyright Infringement Liability Study

The internet has greatly enriched and changed people's life,but it also has brought a lot of legal issues,as the copyright infringement liability of the on-line service provider has been a key point for the recent years.As platform and intemedium for network information communication,on-line service provider plays an extremely important role for the nomal operation and development of the internet.Because information sending and transmission on the internet can't be separated from the on-line service provider,and the on-line service provider is in the position of internet operator which usually has an ecomonic power more than the general internet customers,on-line service provider is easily involved in the copyright infringement disputes which frequently occur on the internet,for example.like seven record companies v.baidu,eleven record companies v.yahoo,tudou.com accused as a defendant for its subscriber uploading "crazy stone" in our country and viacom v. youtube in America.However,copyright infringement on the internet is more complicated than that in the traditional law especially for the on-line service provider which is different from the publisher or the saler,and the liability defined in the traditional copyright law can't be applied simply.How to define the copyright infringement liability of on-line service provider has a significant meaning for the protection of the right of copyrighter on the internet,for the creation and transmission of works in internet environment,and for the healthy development of internet business.Therefore,it is necessary to explore the copyright infringement liability of on-line service provider.Besides the introduction,the whole thesis includes 4 chapters.Chapter 1 is about the summarization of the copyright infringement liability of the on-line service provider.The main content of this part is about the conception and legal status of the on-line service provider,the three theoretic basis for which on-line service provider should bear liability,and the three types of copyright indirect infringement liability which is popular in the world for the liability of the on-line service provider.Chapter 2 introduces and analyzes the legislation of the liability of the on-line service provider in coutries other than China,for example,like America,European Union,Germany especially about the legislation and case development in American as America regulates this issue more maturely than other countries.Chapter 3 is about the theoretic analyse about the copyright infringement of the on-line service provider.Fist analyses the influence on on-line service provider copyright liability from three aspect as equity and justice,the development of the human right,law-economic consideration.Then analyses four elements of the liability structure,which are essential but still confused in the legal language and judicial determination.Chapter 4 introduces the legislation development of the copyright liability of the on-line service provider in our country,and then pickes three typical judicial cases to discuss which occurred last recent years.In the last part,analyses the legislative defaults and judicial confusion and discusses improvement measures from three aspects as the lack of the liability types,the determination confusion of fault,and the vices of the liability limitation clauses in the Regulation on the Protection of the Right to Network Dessemination of Information.