Study On Indirect Copyright Infringement Liability Of The Internet Service Providers

Text mainly includes the following five parts: the first part introduces the meaning and the classification of Internet service providers, and then describes the cause of the network service providers involved in copyright infringement and summarized the types of indirect infringement, which provide reasonable basis for later discussion. The second part through the analysis the relationship of indirect infringement and the jointly and severally liable with the majority of tort, the concept and the theory between the indirect infringement and joint tort, for provide theoretical basis to later on Internet service providers "indirect infringement" liability.The third part around our intellectual property legislation and legislation situation and defects of tort liability law to discusses our country about copyright rules and practice of "indirect infringement", and the shortcomings of the tort liability law related regulations in our country, for later on Internet service providers "indirect infringement" liability applicable provided the necessity and feasibility. The fourth part around outside the judicial reference discusses the United States copyright law and the principle of indirect infringement copyright law, the principle of indirect infringement in Europe and the United States, China and the Europe copyright indirect infringement responsibility identification for sure, for later discusses the cognizance of "indirect infringement" network service providers responsibility important problems, such as theory foreshadowing. The fifth part analysis the related theory of knowledge in combination with the relevant provisions of the abroad, and put forward some specific legislative proposals,mainly including clear the subject network service providers of indirect infringement of copyright infringement liability, clear network service providers tort of indirect copyright infringement to undertake shares responsibility, clear the methods of network service providers the indirect of bearing civil liability, clear the specify scope of the technical protection measures and clear the limits of rights information management protection.