Research On The Jurisdiction Of Foreign-related Network Copyright Infringement

The development of network technology has brought great changes to our daily life, both the daily basic necessities and the social development, network is everywhere. It is obvious that network offers convenient, otherwise, network challenges to Chinese traditional legal system, including the issue of the foreign-related jurisdiction of network copyright infringement. The virtual, global and borderless cyberspace makes the network copyright infringement jurisdiction differs from the traditional copyright infringement. And thus, it has a huge impact on the current rules.This thesis has four parts. The first part analyzes the typical case, “Encyclopedia of China Publishing House v. Apple’s copyright infringement case”, and introduces the basic facts of the case, then come out the two controversies of the case: Did China court has the right legal basis over the case and can traditional infringement jurisdiction apply to the case. The second part is the related legal analysis over the case. It introduces the characters of network copyright infringement and the principles on dealing with the traditional infringement jurisdiction, to analyze the impact of network copyright infringement upon the traditional principles of jurisdiction. Then introduces the practice of US, GER and France on dealing with foreign network copyright infringement cases, and analyzes the advantages and disadvantages. It highlights that the American judicial practice provides a great reference to us. The third part is the analyses and summarizes of the case. On the basis of the previous, it come out the legal basis has defects even the China court has the right of jurisdiction over the case. The fourth part is to make suggestions on the system of the foreign-related jurisdiction of network copyright infringement, which is to define the plaintiff’s domicile as a basis for jurisdiction, and to introduce the forum-non-conveniens doctrine to limit the plaintiff. At the same time we learn “the target inspection standard” from America to improve the system of network copyright infringement jurisdiction of China.