The Research Of The Liability Of Copyright Indirect Infringement

It is the issues of mutual concern in Tort Liability Law and Copyright Law that the behavior and responsibility sharing of copyright indirect infringement. As a general rule,The indirect infringement behavior in copyright is main occurred in digital network environment. It is the main way to realize the copyright protection in internet environment that reasonably give the corresponding responsibility to the network service providers and high-tech product providers, to seek interest balance between the copyright protection development and the development of network information technology-related industries and to take the development of network information technology-related industries into a virtuous circle. In legislation, to guarantee the business of network information technology-related industries in a legal and order way, to let the laws and regulations of copyright infringement have a better transparency and a higher definiteness as using in the digital network environment and to facilitate the development of digital network information technology-related industries and the DMCA imitated by many countries, involving China, as well as to protect copyright protection, it has ruled clause that the network service provider can not to burden the responsibility in some certain situations, which is generally called "Safe Harbor" rule. However,"Safe Harbor", the certain legislation way, was originated from America, which is particularly different from the traditional way of Chinese civil legislation ways. Therefore, it has triggered a lot of problems, no matter in theory or in real business.This paper will discuss around the conduct and responsibility sharing of copyright indirect infringement through analyzing classic cases, trying to explicit the principle of copyright indirect infringement can come true the interest balance between the copyright protection and network information technology-related industries, giving the corresponding responsibility to network service provider and high-tech product provider. It will also come up with the formulation building the copyright indirect infringement system in China. It hopes that will realize the between network information technology and copyright interest protection.