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The Research On Internet Copyright Infringement

Posted on:2015-06-18Degree:MasterType:Thesis
Country:ChinaCandidate:C ZhangFull Text:PDF
GTID:2296330422488900Subject:Law
Abstract/Summary:PDF Full Text Request
The information technology came into people’s life in China last century,the copyright infringement problems also gradually entered people’s field of vision, to a climax in2004-2006, academic circles have also been in research, exploration, Although the number of the books on network copyright infringement is very large,t the number of influential works is little. in this aspect, Europe and The US is very advantaged.The text around the Internet service providers (including Internet service providers and Internet content service providers, r referred to "ISP") and the network to protect interests of the copyright owner this article is more influentialin foreign countries as a reference case precedent (" SONY "case and " Gro-ster case ") and based on some influential academic work, pointed out our country some loopholes and defects existing in the aspects of network copyright, apply the advanced experiences of foreign to the reality of our country, the better enrich the network intellectual property protection system of our country.China urgently needs to perfect the legal science and technology and rejuvenating the country, create a legal environment conducive to the developmentof technology. In order to achieve this goal, China’s regulations on copyright law requires flexible but relatively stable the imputation principle, higher requirements of the subjective elements of "indirect liability" theory, the explicit "network copyright infringement compensation standards". Network enriched people’s life and provided convenient services at the same time, at the same time, ittakes new requirements in protecting the legitimate rights and interests of the copyright owner.Nowdays, the number of the network copyright infringement cases is langer an larger, such as video infringement "potato" case in2007, the2011"infringement of baidu library "case both in the academia and judicial circle caused quite a storm. How effective the specification of the spread of net work works, improving the system of traditional law in the protection of copyright, to strengthen the research of network copyright is necessary.Why we pay so much attention to the network copyright protection, because this problem has a very important practical significance, in a side,we should’t excessive to protect the interests of the copyright owner to limit the development of network industry, in other side,we also cannot blindly give the green light to protect the benefit of the web server, and that failure to protect theinterests of the copyright owner so dampen the enthusiasm. The balance of both sides proposed a practical problem for us. This paper creatively proposed the "flexible but relatively stable" the copyright protection of imputation principle.
Keywords/Search Tags:Network copyright, indirect infringement, liability imputation dome, stic status, suggestion
PDF Full Text Request
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