Investegation On Network Copyright Tort Jurisdiction

An article in blog written by Mr Zheng, in Tengzhou was used by the network or others, which violates the information network dissemination right, authorship right, integrity right, and the right of getting remuneration, becomes the focus of the society. The author, as the safeguarding lawyer, acts on the behalf of Mr Zheng in a responsible position. In the process, the author has deep and profound reflections:evidence collection difficulty, looking for infringement subject difficulty, register difficulty and so on. Deep into the root account, the case is caused by the existing problems about the regulations and principles of the judicial administer of network copyright. Considering this, the paper analyses more and more network infringement disputes, specially and the jurisdiction which is a fundamental issue in cases of network copyright infringement. The determination of jurisdiction is the foundation and premise of infringement lawsuit procedures. on the contrary, we don’t have a systematic principles of the judicial administer of network copyright. In that, we still have a long way to go compared to the European and American developed countries. Even though there are many a certain number of papers published, a consistent accepted administer principles has not being come into being. From the level of home or abroad. Start from the point of network copyright infringement acts, the paper analyses the existing problems on the copyright civil legal protection in the whole network situation, combined with the available protection regulations about the copyright infringement in our network situation. In addition, through deep analysis and contrast study about material cases, the paper also comes up with a few of reflections and gets the conclusion that the plaintiff location can be adapted to the the priority principle in cases of network copyright infringement.Apart from the introduction and the conclusion, the paper can be divided into six part. The first part of this thesis introduces difficulties of the network copyright protection mostly because of the faultinesses of administer legislation through the author’s experience of managing infringement cases. Chapter2illustrates legal regulations related to network copyright infringement, which is divided into four points. Chapter3has an interview of the the judicial administer of network copyright infringement at home:it refers to regulations about network copyright administer at home through the definition of judicial administer and further points out the existing problems about these cases. In Chapter4the author has a good understanding of the legal regulations of the matter abroad, such as the USA, Europe and Canada etc.. Related network copyright administer has been paid great attention by the developed countries. We would take examples from the systematic administer regulations because of their long history of network technology. Chapter5has a perfect explication of mainstream ideologies such as new sovereignty theory, jurisdiction theory of relativity and so on. With above discussion, chapter six is the most important, which takes an example by legislation experience abroad on the foundation of the existing problems of network copyright administer at home. The author also comes up with legislation suggestions on these cases for our country:first of all, the adoption of the priority principle of the location of plaintiff(this section can be divided into four parts, explaining the base of the adoption of the principle); meanwhile, adoption of inconvenient court principle for the abuse of the first principle; in addition, the general principle of traditional infringement acts location regarded as the administer location; finally, the author emphasizes that we should not give up administer of defendant domicile court location combined with some supplements.