Tort Liability Study Network Service Provider Copyrights

When internet age coming,the balance of interests pattern have been broken down among copyright owners, communicators and users,caused a fierce conflict between copyright owners and network technology industry, especially since the extensive using of peer to peer technology,it provides great convenience on online piracy, illegal distribution of copyright-protected works,which also make copyright owners face a more serious threaten of interests. Only held the responsibility of the Internet service provider afterwards,it is not clearly crack down on Internet piracy.Recently, the international community on copyright become change strategic adjustment, using a variety of ways to combat online piracy in response to the rampant digital piracy. This article systematically defines the meaning of network service provider and its copyright infringement,analysis the foreign judicial practice as well as useful exploration combating on copyright infringement in recent years,such as "three strikes and out" model、"notice and notice"model, technical measures and so on. Although China has established a relatively complete copyright infringement liability system on Internet service providers, but there still exist some drawbacks,for example,the provision of "notice and takedown"system is not comprehensive.the standard of subjective fault is not identical, lacking attention of the relevant public interest. In the background of the third revision of the Copyright Law, We should be absorb and learn from national legislative experience and useful exploration,making"notice and takedown"system more comprehensive,adding provisions about duty of care,in order to make copyright infringement liability system more profectly.