The development of internet raises a world-wide discussion of on-line copyright infringement. The discussion focuses on how to deal with the tort liability of the indispensable participator in the internet development --- internet service provider (ISP). People further investigate in the direct infringement and indirect infringement,"safe harbor provision"and"red flag test". Having thoroughly studied all these systems, I hold that these systems including"safe harbor provision"and"red flag test", could seldom detach from the principle of imputation in traditional civil law, concerned with the tort liability of ISP in on-line copyright infringement. To confirm the ISP's tort liability, it still depends on whether there is subjective fault. If ISP has subjective fault, he should assume the tort liability, and vice versa. |