The Research On The Issues Of The Infringement Of Storage Service Provider

This article discusses the principles and rules on determination of infringementof Storage Service Provider. The author aimed to provider feasible suggestion tojurisdiction.The introduction is about background of the article. The infringement of right ofcommunication through internet by Storage Service Provider is a serious problem now.In order to solve this problem, it is necessary to discuss the principles ondetermination of infringement, analysis the law in force, and summarize the rules ondetermination of infringement.Section Ⅰ discusses the principles on determination of infringement of StorageService Provider. The infringement of storage Service Provider includes both directinfringement and indirect infringement. If the storage service provider makesavailable to the public of material in way that members of the public may access theseworks from a place and at a time individually chosen by them, it forms the directinfringement of right of communication through information network. In addition, ifthe storage service provider knows or should know its subscriber’s directinfringement, but does not act expeditiously to remove the material; it forms the directinfringement of right of communication through information network.Section Ⅱ analyses the law in force. Most laws in force on determination of the infringement of storage Service provider are reasonable. The problem exists in the“Regulations on Protection of the Right of Communication through InformationNetwork”. Article22of the Regulation is a necessary condition but not a sufficientone of immunity of duty for storage service provider. So it is not useful in bothdetermination and immunity of infringement. But Article22of the Regulationprovides the ways to determinate infringement.Section Ⅲ studies the rules on determination of infringement. If the storageservice provider checks the quality of the material and modifies the content of thematerial before upload, it forms direct infringement. And the system ofnotice-and-takedown system and standard of Red flag are used to determinate theservice provider should know or knows the infringement.The Section IV is about the conclusion.