The Interests Balance Of The Information Sharing And The Copyirght Protection In The Network Environment

Before the emergence of network technology, copyright system for the protectionof copyright and the public interest had not many problems. Information sharing wasalso in the midst of limited scope. However, the impact of widespread application ofInternet technology copyright system. Characteristics of the Internet makeinformation dissemination and copying becomes to be very easy and quick. Therefore,the network becomes the hardest area of copyright infringement. But the coordinationof interests maintained by the traditional copyright system is broken. Copyrightinfringement is difficult relief and prevention, and public information sharing isdifficult to control and constraints. Coordination of the interests of both sides is acontemporary problem of copyright protection.This article includes five parts:The first part of this paper describes the case, through case presentation to elicitdiscussed below. On the surface, this case is one around the "safe harbor" principleand the "Red Flag principle" to start the network copyright infringement cases. But infact it reflects a conflict of interest and to coordinate information sharing and networkenvironment for copyright protection.The second part of this article discusses the rationality of the balance ofinformation sharing and copyright protection in network environment. Copyrightremains with the original and property in network environment. It is the differencebetween traditional copyright mainly in the media and form. It is still legal protectionin order to protect the rights and promote innovation and development. So protectioncopyright is necessary in network environment. Opposites between informationsharing and copyright protection are the legal basis for the balance of interests of both.Balancing of interests is in line with social goals of fairness and effectiveness.The third part of this paper analyzes the conflict between the two sides. Althoughthe balance of information sharing and copyright protection between the goal ofcopyright law. But the particularity of network environment while filling this goaldifficult to achieve. Such as conflicting between information sharing and copyrightexclusivity，and the conflict between efficiency information sharing and duration ofcopyright protection. The existence of these conflicts will undoubtedly limit theshared use of information and knowledge in the Internet, and it is not conducive to efficient and rapid dissemination of knowledge sharing.The fourth part of the paper analyzes the legislative of balance between two sides.Copyright law is coordination mechanism to balance copyright, other interest groupsand public interest. Many systems are used to coordinate information sharing andcopyright protection. For example, the term of protection of copyright, fair use, etc.,are on the one hand to protect the rights, on another hand to restrict the rights. Butthese systems are not without problems, so studying of how to improve them is one ofthe tasks of this article.This fifth part of the paper analyzes the countermeasures and suggestions topromote both balanced. Internet service providers will be in the middle of the thirdparty liability of the network service provider’s responsibility to be determined, willhelp put the interests of copyright owners and users of the network coordination. Asfor third-party liability is determined also reflects the balance between the interests ofcopyright protection and information sharing between. Furthermore, we need toimprove the rational use of systems and technical protection measures andanti-circumvention system. To make protection and dissemination of knowledge in areasonable balance in the Internet environment, more coordination and sharing ofproprietary information and knowledge, while promoting the protection of static, anddynamic knowledge prosperity.