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Network Tort Liability Act "copyright Infringement

Posted on:2012-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:K QiuFull Text:PDF
GTID:2216330368483862Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The rapid development of Internet has promoted the transmission and sharing of information and is now challenging the protection of Internet copyright increasingly. From the prospective of judicial practice, this thesis mainly bases on the Tort Liability Law and takes into account other provisions on the Internet copyright protection and experiences from other countries to analyze the system of indirect infringement of ISPs and its constituting elements, and to provide suggestions on how to identify the nature and liability of specific cases for better protection of the rights of patent provider as well as development of the internet services. The first chapter of this paper introduces the subject of the Internet copyright infringement and its classification, and the characteristics compared to traditional copyright infringement. The second chapter then analyzes the standard to discriminate the direct and indirect infringement of Internet copyright, which is the power of influence and determination of the tortious act. The third part briefly summarizes three types of indirect infringement of internet copyright, which are vicarious infringement, contributory infringement and abetting infringement. The fourth chapter is the key part which mainly discusses the three elements of abetting and contributory infringement, namely subjective culpability of the mind, substantial contributory behaviors and being inapplicable to the Safe Harbor Rule. Then final chapter concludes that Tort Liability Law makes mort strict provisions on the responsibilities of indirect Internet copyright infringement and more innovations in the judicial practice are needed to balance the interest of each party and to propel the development of Internet services.
Keywords/Search Tags:ISP(Internet Service Provider), the Indirect Copyright Liabilities, Internet copyright, Safe Harbor Rule
PDF Full Text Request
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