Research On Copyright Indirect Infringement Liability Of Internet Intermediary Service Provider

With the rapid development of information technology, the use of the internet has infiltrate into all fields. While numerous information and dissemination of works to bring people a convenient and enjoyable, A variety of copyright infringement disputes have become increasingly prominent. As a key actor of internet operator, the copyright indirect infringement liability of internet intermediary service provider has become a hot issue in recent years.There is distinction between the liability of the direct infringement and indirect infringement in the internet service providers. As the direct provision of content services, internet services, who under normal circumstances bear a direct infringement liability, the academic world has not much objection."Tort Law"36(1) made such a provision, network service providers who use the Internet against the civil rights and interests of others, shall bear tort liability. The internet intermediary service provider due to its special status, operating mode, Technical model, may also be due to its objective to help direct infringement and bear indirect tort liability. Compared with some Western countries for the improvement provisions of the rules of "indirect infringement" in the legislation, China has gradually emerged rules for indirect infringement liability found scattered provisions, those provisions or copying foreign legislation or judicial practiceor indirect infringement rules are essentially different, for the effective protection of the legitimate rights and interests of copyright owners appears to be too thin, real cases are often the demands of copyright owners and losses are difficult to be met in accordance with the provisions of existing law. It is because of China’s copyright laws Copyright Infringement clear system requirements, the court in the judicial practice encounter the problem of indirect tort liability, can only borrow the civil law under the framework of a joint tort system to compensate for the shortcomings in the copyright law. This is not only the judicial practice of the Court’s lack of guidance, but also prone to ambiguity in the understanding of applicable process. Especially such as Baidu case, the controversy triggered by the judgment of the similar cases in the Yahoo case, allows us to accelerate the improvement of legislation to further improve copyright indirect infringement liability regime.The author in this article on China’s existing legislation on online copyright indirect infringement provisions are described in detail, combined with the judicial status quo, and expounded China’s network Indirect Copyright Infringement lack of legislation, pointed out the need for clearly defined network copyright indirect tort liability system. Based on our current situation, learn from foreign advanced legislation on the basis of the formation conditions of our country’s balance of network users, network services, the interests of those copyright owners three accountability mechanisms. Specifically, it is recommended that the introduction of alternative infringement and assistance tort liability system to improve the system of indirect infringement liability, set the standards that judges subjective faults of network service providers and the reasonable duty of care, Clear law specific application conditions and standards, and take positive and effective management measures, in order to better guide the judicial practice and further explore ways to address Internet copyright disputes.