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Study On Information Network Transmission Right Infringement Network Service Provider

Posted on:2014-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y WeiFull Text:PDF
GTID:2266330392463094Subject:International law
Abstract/Summary:PDF Full Text Request
Online service provider is a third party who provides online services or network access, or operates facilities, a general definition of which would include online content provider. In most cases of domestic statutes, regulations concern online service providers would present in conjunction with the type of service the providers provide. However, the meaning of online service provider could be diverse in the same act, or even in the same section.There is no unified understanding concerning the connotation of the Information Network Transmission Right in the legal community. The Chinese legislative combines the broadcasting right with non‐interacting transmitting right to a new broadcasting right in the newly modified for verifying version of the Copyright Law, in doing which they unified the standard of differentiating rights within copyright to the nature of acting. With the development of age and technology, there would not be any legal difference between information network transmission right and the new broadcasting right.Different doctrine of liability fixation shall apply to the online service providers based on the type of them. An online service provider who provides infringing material shall be strictly liable for the infringement, as it acts as an online content provider, otherwise it shall be liable under its fault. Actual knowledge and awareness of the fact of infringement shall be considered as service provider’s fault. Since there is no intention liaison of joint tort between the online service provider and the net user, the online service provider shall bear untrue joint compensation obligation in the event of an infringement.Online service provider shall not be liable for monetary relief for infringement of copyright if it meets certain safe harbor conditions. Compared to it of DMCA, the safe harbor principle in Chinese legal system is quite simply, delegating judge more free‐adjudicative‐power.
Keywords/Search Tags:online service provider, information network transmission right, infringement, safe harbor principle
PDF Full Text Request
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