The Judicial Confusion And Solution Of Network Copyright Crime

With the continuous development of the network, the copyright infringement phenomenon becoming more and more serious.The cognizance of the network copyright crime has become of the most difficult problems in judicial practice.At first,it becomes difficult to give criminal sanction to the behavior of Network copyright crime with common crime pattern.It is also lack of unified identification rules of P2 P service provider’ responsibility.At second,he subjective aspect of network copyright crime is also Controversial.At last,the behavior of “unauthorized ”,the “reproduce and distribute” has new form,Tampering with an open license agreement whether belong to without the permission of the copyright owner, how to define the essential characteristics of copy,all these problems is worthy of our study.The article discuss some problems above all with three part.The first part Put forward the way to solve the network service provider copyright crime. The second part introduce some principles,we need to follow the timing, appropriateness and the principle of balancing of interests on For-profit’s reserves and abolished. The last part poit out that the standards of copies is essential similarities and The nature of the issue is spread to the public works,it also point out that the network game external behavior is the essence of damage to the program. Through some of the above discussion, hoping to provide guidance to the judicial practice.