On The Liability Of Copyright Infringement Of Internet Service Provider

With the continuous development of network technology and the popularization ofcomputers, Internet has long been deep into all aspects of social development and hasinduced significant effects on public life. While enjoying the convenience of massiveinformation resources brought to life by the Internet, people also have to face up withthe frequent network infringement problems. Although legal issues of copyrightinfringement has existed for long, the development of replication technology on theInternet puts the works on the net in higher infringement risks. The increasing problemsof Internet copyright infringement have drawn widespread concern in the community,and the focus of these problems is the legal liability fixation of copyright infringementof Internet service providers, which brings new challenges to the legislation since itexists on the Internet and has characteristics so different from the traditional copyrightinfringement and has various forms of existence with advanced development. Thebalance of the interests of Internet service providers, Internet users and the copyrightowners calls for the maintenance of legislation. Although legislation for copyrightinfringement of Internet service provider in China is in constant progress, there are stillmany aspects that need improvement, such as the low legislative level and specific rulesthat are not clear enough.To clarify these issues, this paper takes the legal problem concerning “BaiduLibrary Door” as an example to makes a brief discussion on the Internet serviceprovider as well as its infringement liability. Experiences in international legislationhave been explored to find reference and relevant domestic legal system has beenanalyzed for shortcomings, and thus some ideas for the perfection of legal system havebeen put forward.This paper consists of five parts in addition to the introduction and conclusion:The first part gives a detailed description of the development of “Baidu LibraryDoor” as well as the judgment result of the Case of the Writers’ Union vs. Baidu. Thenthe paper proposed several reflections on the infringement liability of copyrightinfringement of Internet service provider.The second part gives the definition and types of Internet service providers as wellas the concept and characteristics of legal liability of copyright infringement of Internetservice providers. Three legal bases of infringement liability have been discussed. The third part introduces related foreign legislative experience and compares thesimilarities and differences on this issue in United States, Germany, the European Unionand Japan. Then some referable experience for domestic legislation based on doctrine ofliability fixation and excusing conditions has been summarized.The fourth part makes one by one analyses of domestic legislation on such aspectsas doctrine of liability fixation of copyright infringement of Internet service provider,confirmation of responsibility, liability forms and exemptions, and summarizes the lackof domestic legislation.The fifth part puts forward suggestions for improvement of the basic system ofcopyright infringement liability of Internet service provider in China, concerningaspects of doctrine of liability fixation, the introduction of punitive compensation andthe establishment of the copyright infringement comparison system. And finally theexploration on an innovative protection system for Internet copyright has been made.