Network Information Providers Infringement Based On The Behavior Of Network Communication

The participators are divided into Internet Content Provider (ICP) and Internet Service Provider (ISP). The legislation and jurisdiction often focus the responsibility on the ISP while ignore the ICP today. This situation is because our legislation takes the ISP and ICP as joint tort. And the plaintiff can choose the defendant. So, to get considerable compensation, the plaintiff always sues the ISP. But practically, the ICP is the very one who conduct the infringement, the ISP only provide the environment for him or her. And furthermore, ISP often doesn't know the infringement. Based on the principle of infringement law, joint tort should have co-intentionally. So the fact that ISP mainly response for the infringement is questionable.From all above, China has Right of Network communication on which the Network infringement cases base. However, in various cases, it is related to many rights. For example, there are right of copy and right of publication ETC. And there are also some new rights compare to traditional one as right of sign. Meanwhile, the internet gives birth to some new features of workout. And it is also be questionable to define the Right of Network communication as one sub-right of the property right.This essay will discuss the responsibility of ICP from analyzing the characteristic of internet and building a new Right of Network communication. The difference between workout on internet and traditional should be tell, and then define the right of network communication clearly. Replenish some new right of network so they can consist of whole network copyright with Right of Network communication together. The responsibility of ICP could be clearly.