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Research On Internet Service Provider’s Liability For Copyright Infringement

Posted on:2014-02-11Degree:MasterType:Thesis
Country:ChinaCandidate:C C ZhangFull Text:PDF
GTID:2256330401485433Subject:Law
Abstract/Summary:PDF Full Text Request
Copyright legislation is always improved with the development ofcommunication technologies. Network copyright infringement is differentfrom traditional copyright infringement, on the one hand the defendantis difficult to determine, on the other hand is law relatively lags behind.Internet service providers as the network user link of network informationtransmission, essential involves many network copyright infringementcases. So copyright owner usually take Internet service providers as thedefendant of infringement. But the Internet service provider contains anumber of categories and each kind of services provider is differentd,So should not for all the Internet service providers are strict tortliability the copyright infringement liability of Internet serviceprovider should be detailed specific analysis.The concept of Internet service providers should be understood in thebroadest sense of the term, because with the continuous development ofnetwork technology, network service providers will continuously expand.Another should be given on the status of copyright infringement isdifferent from traditional sellers and publishers in the field of specialstatus. Research Internet service provider copyright infringementliability problem, imputation principle is the basis and standard of tortliability, American Legislative take the Internet network serviceproviders Tort Liability principle divided into three stages, strictliability of the early stages, fault liability phase and fault under theresponsibility of the perfect stage. The United States is the first andthe most comprehensive national network law nation, contrast theattitude of the American tort liability of Internet service providers, we should come to our nation’s liability of the Internet service providerresponsibility principle. there are two reasonable basis for Limitationson tort liability of network service providers, one is legal equitabletheory, another is law and economics theory.Our country’s network copyright law started later and relativelybackward to the developed Western countries. There is no dedicated networkservice providers to copyright infringement liability laws andregulations. In the rapid development of network of copyrightinfringement liability system for network service providers is necessaryto build a legal system, there are sereval relevant recommendations. First,to improve the relevant laws and regulations, the second is to create ainternet service providers indirect infringement alternative liabilitysystem, the third is to strengthen the application of technical protectionmeasures, anti-network copyright restrictions. Through the legislativelevel and the technical means to establish and perfect the internetservice provider copyright infringement liability system.
Keywords/Search Tags:internet service provider, tort liability identified, imputation principle
PDF Full Text Request
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