About The Network Reproduced May Be Involved In Thinking About The Problems Of Copyright Infringement

With the fast development of computer technology, and the coming of networkera, it makes people’s life into a new colourful word,it changes people’s traditionalway of life,and it also provides people a more capacious and free platform.Peopleknow the different world through the network.As we all know,every coin has twosides,there are advantages and disadvantages. As the network technology is a newtechnology and developing rapidly and the lag of the law itself,there are some illegalbehavior in the network which has not been effective suppression and occursfrequently. At the same time, it also challenges the Copyright Law. The earliest worktransported in network environment is mostly written works. Mainly because writtenworks are not only convenient in uploading, but also more easily to create directly innetwork environment. However, any kinds of work in network environment, nomatter written works or film works, are easily to be infringed. The main factor is thecopyright owners have a very weak control of their works in network environment,and it’s hard to expose the tort. This article discusses the problems of commentinfringement among related websites with the example of Dazhong v. Aibang case. Itis very common to reprint in the current network environment. For example,in thepresent,the most popular micro-blog and blog is such kind of media which reprintswords and pictures among users. This reprint mostly takes place without the originalauthor’s consent, then, is it the action an infringement? If it is an infringement, whoshould stand up for the right? what role does the Network service provider haveplayed? Whether reprint likes this cause infringement or not is the focus of thisarticle.For those reasons, I’m trying to discuss the problems of infringement through thenetwork reprint based on this case, and divide the article into five parts for a deeperanalysis.Part one, a brief introduce of Dazhong v. Aibang case and resoults of the firstand second instance court in this case, bring up the focus of dispute and the doubtcoming up with this case. Part two, discuss whether the comments on websites made by users constitutewritten works or not, make a reasonable evaluation on the question as the judgestandard of the basic feature of written works “originality”. At the meanwhile, analysewhether the restaurant instroduction and users’ comments in Dazhong constuitudecollective works.Part three, the explain of Dazhong of" agreement" and" about us/copyrightstatement" in violation of copyright law.Part four, discuss whether the comments from Aibang websites causeinfringement, analyze whether the reprint causes copy first, and then discuss about theinfringement of Aibang issue.Part five, discuss the necessary condition of the right to claim the CivilProcedure Law when the infringement happens. whether the request from the websitestowards users to get an agreement can proscribe the copyright.At last,the conclusion ismainly about answering the focus and doubt from part one, and also to expound mypoint of view on the whole case.