Research On Liability Of Copyright Infringement Regarding Internet Service Provider

Under the Network Environment, Internet Service Provider, as a special kind ofInfringers, is not only support the network information industry but also the orderlydevelopment of the nucleus, at the same time, its service also established a tort pavement fornetwork users. Therefore, whether the Internet Service Provider should be considered asinfringer becomes the focus of debates, and subjective fault factor in which becomes vital ininfringement judgment.The main object of this paper is to study the problem of copyright infringement ofInternet Service Provider. Through the study of domestic and international related laws aswell as regulations of our country’s relative explanation, and the analysis of the typical casestudy, take liability principle of copyright infringement of Internet Service Provider as thestart point, to distinguish differences between " known" and "should know" principles. In thelegal application, to identify the faults of Internet Service Provider needs not only todistinguish different categories of network service providers, but also need to consider thedifferences between two different subjects. Furthermore, the popularity of Service objectshould also be taken into consideration. In addition, to identify the faults of network serviceproviders, we should grasp "should know" standards. The notion of "should know" comesfrom the civil law in which is an attentive obligation. This paper argues that, Internet ServiceProviders have the neutral obligation, special hints obligations and special attentionobligations.