Research On The Liability Of Copyright Infringement Regarding Internet Service Provider

The fast development of internet technology offers expediency for information communication.Meanwhile,it causes the expanding inundation of internet infringement.Copyright owners often accuse the Internet Service Providers(ISP) to claim their civil right.In fact,the infringement actions of ISP can be found all round and they consist of the invasion for copyright,trademark right.If no legal measures were taken to prevent those infringement actions of ISP,the legal interest of the copyright owners would not be protected and negative influence on online environment would be brought. ISP is the nucleus of the development and popularization no legal and of the network information industry.The research on the infringement actions of ISP is of great actual significance.The infringement of ISP involves "direct infringement" and "indirect infringement". Among them,the content provider will generally undertake a direct infringement responsibility,about which there is no great dispute in the academic field.The intermediary service promoter which provides personal space,search engine for the online customers,will not constitute the corpus of direct infringement itself.But it can involve itself in "indirect infringement" if it provides any material help for the direct infringer.In recent years,with the increasing of those cases,there are also increasing researcher and discussion in the academic field and judicial practice departments also deeply understand that it is necessary for our country to strengthen relative lawmaking to enforce law on the indirect infringement.Among those,whether the ISP should be considered as infringer becomes the focus of debates,and subjective fault factor in which becomes vital in infringement judgment.The main object of this paper is to study the problem of copyright infringement of ISP.This paper start with the liability principle of copyright infringement of ISP,and distinguish differences between "know" and "should know" principles.Then,through the study of domestic and international related laws as well as regulations of our country’s relative explanation,and analysis of the typical case study,to presents the conception for establishing a infringement liability system in country.Five chapters are included in this paper.The first part focuses on the summary of ISP liability of copyright infringement.The second part starts with the three theories of "faulf" and discuss the definition of "fault" in Internet copyright infringement.The third part discusses the current legislation status in our country and reviews several typical internet-related copyright cases.The fourth part is about the copyright infringement liability system in foreign countries and their enlightenment to our country.The final part presents suggestions on perfecting legal system about infringement liability of ISP.