Study On The Liability For Tort Of The Internet Service Provider

With the rapid development of network technology,the web-based serviceindustry is gradually arisen.The impact of network has drastically improved the wayspeople live.By solving people’s daily chores through the Internet instead of bythemslves,network has made people’s life more convenient.We can watch the news onthe Internet,play online games,download movies or watch them online,shoppingonline,etc.And we can also communicate with others and express our feelings via themedium such as microblog or QQ space.What’s more,the network has graduallybecome a public platform which allows people’s voice to be heard,and the possibilityof having a hand in supervisory and promote the process of the construction of ademocratic and legal society.As a double-edged sword, however,network also bringssome negative influences to people’s life like using the web to spread others’privacy,free sharing of copyrighted movies and music which has infringed upon thecopyright, or stealing real or virtual property by technical means of network.Becausethe network has features like confidentiality, fast-spreading,obligees are not able tofind out infringers in a short period of time.For the intention of stopping theinfringement and protect the legitimate rights and interests of the obligees,the lawprescribes in a certain situation that network service providers and operators assumethe civil liability for infringement.This article is going to discuss the tort liability of network service providers,and focus on the application of safe habour rules and howto determine the subjective faults of network service providers with the purpose ofmaking suggestions on improving the tort liability system of our country’s networkservice providers.The paper has six parts,including the introduction and the content of fivechapters.Here is a brief description as follows:The introduction leads in the author’s thinking of Internet service provider tortliability by introducing a case in which a college girl accuses Baidu Company.The first chapter gives a brief introduction on the concept,featues and forms ofnetwork infringement.The second chapter discusses the doctrine of liability fixation of Internet serviceprovider,on the foundation of putting them into classification，the author definesInternet service provider should adapt to fault principle.The third chapter studies the discharge system of Internet service provider, safeharbour rules, introduces its origin and development, and clears the applicableparties should exclude ICP, applications can expand to orther domains.The forth chapter,in which the author focuses on the "red flag standards", definesit as a standard to judge whether Internet service provider knows the existence oftorts,its position is equal to the exception of safe harbour rules.Besides,the author alsoemphasizes that "red flag standards" should take objective criterion by an example.The fifth chapter is going to discuss Internet service provider’s liability for tortand clear some questions of the notification systems and necessary measures.Finally, in conclusion part, the author tries to gather the views of the article.