The Network Service Provider Shall Be Jointly And Severally Liable Case Analysis

Now the Internet is comprehensive came into our life, we enjoy the Internet in what we bring and convenient service, network infringement question also quietly but go to, whether can get online piracy problem properly handling will affect the future of the Internet industry development. The tort liability law "releasing many difficult problems in the previously given new definition, but, because of the online world protean, many violations can not cover came in, so, for network service providers take responsibility for the study is very important.This paper first chapter in a lawsuit baidu infringement CAI as the beginning, through the cases of the detailed introduction to draw out the case the parties of the dispute debate debate focus. The second chapter for network service providers take responsibility for the related theoretical issues are summarized, including the network service provider of the main body of the definition, the network service provider shall bear joint responsibility should have the conditions, network service providers take responsibility for the nature, the network service provider shall bear joint liability fixation principle, in a related concepts and legal problems make clear further. The third chapter is for through this infringement cases brought us the thinking, in the legal practice of complicated problems appear, such as the network service providers "know" that, the notice of the application system, in time to take the necessary steps to understanding, expand to damage the part of what, network tort litigation problem facing and the disclaimer is defined and puts forward problems such as opinion suggestion.