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The Study On The Indirect Infringement Of Copyirght Under The Network Environment

Posted on:2014-08-10Degree:MasterType:Thesis
Country:ChinaCandidate:H ChenFull Text:PDF
GTID:2296330425979160Subject:Intellectual Property Law
Abstract/Summary:PDF Full Text Request
In recent years,With the frequent occurrence of similar cases about the IndirectInfringement of Copyright (IIC) Between the related entities of the Internet TV in China,Increasingly highlighting the importance of the Indirect Infringement of Copyright System(IICS) in a network environment. Therefore, the systematic study of whether the IICS in anetwork environment can provide a good Intellectual Property environment for the InternetTV System and investigate the tort liability of the related entities of the Internet TVlegitimately or not become a historical question before us. This thesis is selected and carriedout in this background.The thesis consists of introduction, text and conclusion and the text is divided into fourparts.The first part briefly introduces the basic situation of the Internet TV. In order to necessarybackground knowledge and more intuitive understanding of the Internet TV, this part has anoverview of the concept,features of the Internet TV and the basic mode of operation and thepresent development stage of the Internet. Finally, reveal the legal difficulties encountered inthe development of the Internet TV according to the status quo. The part through elaboratingbackground knowledge and revealing the legal difficulties of the Internet TV to providerealistic basis for the constructing and analysing the IICS in a network environment.The second part relates and analyzes the direct infringement of copyright of the InternetTV. This part elaborates the basic theoretical issues about direct infringement firstly, andextends to the analysis of direct infringement of copyright in the network environment, andultimately states the type of subject of the direct infringement of copyright of the Internet TVand respective proper share of the responsibility. This part aims to provide theoretical premisefor the IIC of the Internet TV in the third and fourth part of this article.The third part focuses on the analysis of the related entities’ liability of the IIC in InternetTV. This part through elaborating the basic theory of the indirect infringement and analysing the domestic legislation of the IIC in a network environment to provide theoretical basis fordiscussing the related entities’ liability of the IIC in Internet TV System.And then,determining the relative responsibility based on the Internet TV industry of different roles andproviding reference for the determination of related issues in the judicial practice.This part is the key and core of the thesis and the role of connecting link.The fourth part of the thesis proposes the way to solve the legal issue of the development ofthe Internet TV. This part provides some legislative proposals in the light of indirectinfringement of copyright legislation of other countries and current situation of indirectinfringement of copyright legislation in my own country, including the establishment ofindirect tort system and the establishment of reasonable allocation of copyright interests modein order to improve the legal environment of the Internet TV industry.
Keywords/Search Tags:the Internet TV, the Indirect Infringement of Copyright, the liability ofentities
PDF Full Text Request
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