On The Internet Service Provider Liabiltiy Of Copyright Infringement

With the rapid development of society and technology, the application of the Internet more and more widely.It is with amazing speed and great influence, instantly penetrate into deep and affects human all aspects of the social life.The Internet with its resources sharing, and openness characteristics, greatly enriched and convenience in people's lives. However, in people enjoy a Internet bring convenience for us at the same time, by Internet create new social contradictions also gradually emerging, in recent years, the Internet become the important way to spread works, network service providers for work, and dissemination of information provided new carrier and platform. On the one hand, has promoted the spread of works, the prosperity of the network culture, on the other hand is making tentacles of copyright infringement from the real world extends to the virtual world of the Internet.Network tort, refers to computer Internet users and network service providers through the Internet violated the state, the collective, or other people's civil rights and interests and shall bear the corresponding civil liabilities behavior. Network copyright infringement behavior emerge in endlessly, network service providers in the network of copyright infringement is whether it be liable, and shall be liable for what responsibility, these problems in the judicial the theory and practice are aroused widespread concern and controversy.Our country's legislation and judicial practice of the above problem also gave quite attention, issued a series of laws provisions of the above problems are regulated. However, at present, the development of network media technology speeding, has far exceeded the people of existing response ability, at the same time and the stability of the law, is incompatible lag. Existing law is always difficult to cope with emerge in endlessly infringement form, the rights and interests protection under the network environment is extremely difficult. So has been engaged in the research on such questions and discussion has important theoretical and practical significance.in this paper, the civil legal protection for the key to network service provider encroacher principle, components, liability limits, right as the main line.To the law, jurisprudence, such as sociology theory as a foundation, Using comparative analysis, the concrete analysis methods such as paper network service providers copyright infringement liability of the basic legal concepts, The analysis of existing network service providers copyright legal protection of malpractice existing legislation. Based on the foreign laws and advanced experience, and finally put forward in this reference suggestion, So as to realize the outline of clear and complete.This paper discussed mainly from the following four aspects:The first part is an overview, the first network for Internet copyright and copyright infringement were to define the concept, which leads to network service providers, copyright infringement liability. Then introduced the concept of network service providers and classification, network service providers and the characteristics of copyright infringement legal basis for tort liability. Overall, this section discusses the basic concept is determined to facilitate the commencement of the discussion below, in fact, serve as a catalyst.This is the second part of the network service provider imputation principle, in brief the relevant legislation in China after comparing the foreign legislation.Key is analyzed and determined China's online service providers work of tort liability imputation principle, which according to the network service providers do different types of specific explained.The third part discusses the network service providers copyright infringement liability and responsibility of the components of the bear. Among of our country's tort liability law of the meaning of the latest relevant analytic and combining the characteristics of network service providers made bold proposal.The fourth part is to network service provider to the limitation of the liability of copyright infringement is also discussed in the paper. No unlimited power, also no cosmic obligations. From abroad related laws in the introduction of comparative analysis of legislation in our country, and proposed own view.To seek legal effect and social effect of the biggest unified do perseverant.