Copyright Infringement Liability Of The Apple Application Store Platform Providers

The new business model will always bring the new problems of intellectual property rights, The legal status of the Apple App Store(App Store) platform providers and the infringement liability has been controversy, While the Apple’s App Store as a platform provider, its cooperation with application developers and the benefit relationship between them are different from the usual network service providers, Therefore, it can not be simply identified as information storage space network service providers, It’s identification of the infringement liability must have its particularity and complexity, and will also involve more problems. This paper analyzed the problem of copyright infringement under the new business model,Referring to the US indirect infringement theory, based on China’s tort liability law system, According to the principle of balance of interests, Taking into account the development of new business models, consider that Apple App Store as providers and operators. it is an online trading platform provider, When the Apple App store sells applications involving copyright infringement, If the application is developed by the Apple Corp, when Apple Corp sales, It should bear tort liability directly. but in the case of applications developed by third parties involved infringement, According to Apple’s App Store platform provider for different controllability and profitability of infringement application, which should still bear tort liability when the platform appear infringement, and it can’t use the space information network service provider’s identity for the disclaimer of port. at the same time, In the determination of fault analysis, Compared with other network services, in addition to the traditional subjective fault identification, should also fully consider the apple application store platform providers have unique audit mechanism of platform and closed operation mode, According to the risks and benefits of consistent principle, the Apple App Store platform providers review obligation should be established, intention to balance the interests of network space, in order to promote the development of the app store model.