The Right Of Communication Through Information Network Infringement Determination And Liability Undertake

Network as the most common, the most efficient means of communication, has been used by more and more people. At the same time, with the corresponding network tort is getting more and more serious. Everything has two sides, the spread of information network brings convenient to people’s life, meanwhile, also makes network works and related network products protection be placed in jeopardy. According to the characteristics of the information network dissemination, produced many legal problems difficult to solve. Including how to control the potential infringers and how to define the nature of the particular network behavior and make clear of who shall bear tort liability. This article seizes the Legislative spirit and purpose of "The regulation on Protection of the Right to Network Dissemination of Information" that is issuedin2006.Combined with the favorable trend of network.development in the economicenvir onment, fully consider the technical factors; Grasp the key points of laws and regulations to summary and analysis. Firmly grasp the academic point of view of domestic and foreign scholars and theoretical to research.This article start with the meaning of the network communication infringement, discuss and analysis the different ways of the network copyright infringement through the real life. Summary different point of view of the domestic and foreign, Solve the problem of how to define the responsibility of China’s information network transmission right. How the different subjects of attribution. Moreover through the analysis of the "The regulation on Protection of the Right to Network Dissemination of Information", combine with the network behavior that is common but the form is special in daily life. For example, BBS micro-blog, deep linking multiple cases, tort liability is recognized as the core, based on the practice, and the combination of practice and theory. Based on the emerging network technology characteristic for substantive analysis, explore the particularity of the form, and discusses how to protect the copyright problem specific under the network environment. And in the network environment, distinguish the different roles people played between network communicators, network content providers and network service providers in information dissemination process, and then identify the different responsibility of infringement. To "encourage the creation and dissemination of works beneficial to the socialist spiritual civilization and material civilization, and promote the development and prosperity of socialist culture and sciences" as the goal, protect the legitimate rights and interests of the copyright owner, disseminator and the users.