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Study On The Copyright Infringement Of LSP

Posted on:2016-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:H J ZhanFull Text:PDF
GTID:2296330479993354Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Since the birth of the Internet is less than 50 years,has become a strong force to promote society development,people is enjoying their convenience,and at the same time the damage is appear.Along with the continuous renewal of network technology,spread of the works of the copyright owner control over more more weak. Rampant piracy works,makes great damages to the copyright owner, shall be investigated for the responsibility of the infringer, it is hard to fill the losses suffered by the copyright owner.In order to protect the interests of the copyright owner, the network service providers often have to bear the liability to pay compensation.In the aspect of responsibility, the Internet Service Providers usually impossible to recover after compensation, it exposed the joint and several liability for defects in the network infringement. In the aspect of subjective fault,the standard of know or should know is too abstract,lead to apply the results in the judicial practice is not the same.Due to the Internet Service Providers in the network activity plays different role,in cognizance and bear the responsibility should be to distinguish. Therefore, this article obtains from the of all kinds of different Internet Service Providers the legal status of the Internet Service Providers cognizance and bear the responsibility, discusses the specific obligations,the principle of safe haven put forward to perfect the relevant legal norms regulating network copyright infringement question.This paper will be divided into five parts in the system, the concrete arrangement is as follows:introduction of the conflict between Internet Service Providers and copyright owner.The first chapter is summary of Internet Service Providers,which is divided into three parts.The first part mainly analyzes the basic connotation of network copyright infringement;The second part analyzes the concept of Internet Service Providers and classification;The third part describes the legal statues of different ISPs.The second chapter is the construction the responsibility of the Internet Service Providers copyright infringement,which divided into five parts.The first part is the development of basis theoretical of liability for the Internet Service Provider The second part is the the principle of copyright infringement;The third part discusses the rule of contributory infringement of different Internet Service Provider;The fourth section describes the the form of liability of Internet Service Provider. The fifth part is the specific of Internet Service Provider liabilityThe third chapter is talks about the Haven Principle, which is brief summary of the study the specific divided into three parts.The first part Haven Principle;The second part is application of the Haven Principle; The third part mainly analyzes the specific obligations of the Internet Service ProviderThe fourth chapter is explore the way to complete the law of copyright infringement,which is divided into three parts.The first section describes the existing legal status;The second part is analyzes the problems of the current legislation the proposed regulation to improve Internet Third part is infringement provisions of the proposal.The last part is conclusion about the paper.
Keywords/Search Tags:Internet Service Provider, the copyright, infringement liability rules, Haven Principle
PDF Full Text Request
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