Network Copyright Infringement Lawsuit Jurisdictional Issues Research

Internet works as well as published materials should be protected under copyright law for its originality and replicability. However, features like virtuality, universality and efficiency of the Internet makes the internet copyright infringement bear different characters comparing with the original copyright infringement, which poses a severe impact to the original jurisdiction system. Law scholars around the world are discussing the determination of the jurisdiction from different angles and raising many theories. The internet can not exist alone apart with the real society because virtually it is only a new means of communication, and the jurisdiction system of internet copyright infringement should be based on right value orientation, principles and the original system and should embody the new requirements of the information and technology. It sometimes can be enhanced through technological way and international cooperation. The negotiable jurisdiction institution should be added except the legal jurisdiction institution, and the latter can be started only when the former does not exist. When it is probable to determine the place where the defendant is domiciled or the place where the infringing act is committed, the jurisdiction belongs to the court of either place; otherwise the jurisdiction belongs to the court of the place where the plaintiff is domiciled and the claim abuse can be effectively avoided through Forum Non Convenience.