Study On Indirect Infringement Of Copyright Within The Network Environment

The rapid development of network technology provides unprecedentedconvenience for the replication and spread of the works, which lead to the formationof a convenient platform of internet copyright infringement. Copyright protection isfaced new challenges from high technology under the network environment. Thecauses which some behaviors should be defined to be tort always are not directinfringement on the exclusive right of copyright owner, instead of a certainrelationship with the direct infringement. They have been showed that deliberatelyluring others to commit direct infringement, or providing substantial assistance forthose conducts, which tort is known as “indirect infringement”. In the growingnetwork environment, more and more network cases highlight the lack andinsufficiency of regulation infer to copyright indirect infringement. The indirectinfringement rule have matured and developed gradually through long-termaccumulation of precedent and theoretical summary in America, form which Chinahas absorbed some principles such as “safe harbor” and “red flag standard”. In thispaper, in order to make it applicable to the statute law environment in our country andprovide theory strategy and support for its establishment in copyright law, I have triedto make the copyright indirect infringement theory logical and explore the applicableway of the rule through combing the established rules in the foreign legislation andjudicial decisions. The first chapter of this paper puts up the point which thepredicament in the development of copyright under the network environment, andleads to the indirect infringement system; the second chapter then introduces thedevelopment of indirect infringement system; the third part points out the lack andinsufficiency infer to copyright indirect infringement system in view of contemporarylaw and puts forward the corresponding legal measures; the fourth chapter tries tospecifically discusses the rules of indirect infringement of all kinds of internet serviceprovider on the basis of the natural law; then the final chapter concludes that indirectinfringement system should be legal.