Research On The Liability Of The Copyright Indirect Infringement In Cyberspace

With the Internet technology become mature day by day, network transmissionas a new mode of transmission begin to take place the traditional transmission pattern.This newly emerging transmission pattern not only bring huge convenience to people,but also bring a range of issues in the field of copyright protecting. Internet serviceprovider become new middle person of information dissemination, who play a veryimportant role in the copyright tort case of cyberspace. After the internet copyrighttort case happen, whether the internet service provider take responsible for theinternet service behavior which they provide and which form to take theresponsibility become the important research issue in the field of World IntellectualProperty. So far, academic reached an agreement, namely though internet serviceprovider do not directly infringe the copyright owners’ legal rights, but under certaincondition, they should take the Indirect infringement liability. Many countries evenset the system of indirect infringement liability.Establishing the excellent copyright indirect infringement responsibility systemhas a very important significance. This is not only related to the protection of thecopyright owners’ legitimate rights, also related to the development of networkindustry, more related to whether the public can maximize use the convenience whichthe new technology bring to get the purpose of social information resources share.How to get to the benefit balance among copyright owners, internet service providers,social public under the new transmission environment is the new challenge we face,and the key to solve this problem is accurate indirect infringement liability of Internetservice provider.In this paper, by researching the ralated theory and legislation of indirectinfringement liability at home and abroad, I make a comprehensive analysis onindirect infringement responsibility of Internet copyright. At first, this article definedthe copyright indirect infringement liability, and by distincting direct infringementand indirect infringement expounds the necessity of establish indirect infringementliability, analyzing the network copyright indirect infringement liability establish base from practical and theoretical. Secondly，this paper introduce the principles andcomposite elements of indirect infringement liability. Take the determination ofindirect infringement liability of Internet service provider is fault liability. The faultliability is matched with the network service provider’s own technology as well as theability to control information in the network, at the same time, ensure the networkservice provider does not affect the entire network industry’s development because ofbear the heavy responsibility.In the composite elements of indirect infringementliability of internet copyright, after clearing the type, respectively describes thecomposite elements of auxiliary infringement liability and alternate infringementliability. In addition, this article discuss what form responsibility shall take by theInternet service providers and when shall be exempted. For the existence of differentviews of Internet service providers bear the infringement liability form in the acdamic,our country legislation stipulate that Internet service providers should take jointresponsibility under the condition of forming indirect infringement. And for the limitof liability of Internet service provider, as long as it can meet the applicableconditions of refuge principle, it can be exempted. Finally, combined with China’scurrent legislation, this paper point out that the law system exist the internet serviceproviders’ liability unclear, the form of taking responsibility is single and the refugeprinciple is ambiguous and controversial, at the same time, include legislation defects,this paper also put forward a clear regulation for internet service providers’responsibility, refine indirect infringement liability forms which apply to the specificprovisions and suggestion for improve the legislation.