Study On The Tort Liability Of Network Translation Organization

With the rapid development of the Internet, People pay more attention to network copyright infringement problem. As a special network copyright infringement, Network Translation Organization infringement caused conflicts, which began at November in 2014. At that time, the Founder of Shooter delivered a Farewell souvenir on line and closed the website as soon as YYETS closed website. As a result of hobbies and major, the author had watched and learned English movies video tapes, VCD, DVD and EVD with Chinese subtitles in school days at the end of the 1990’s. So the author grew up with Chinese fans group and Network Translation Organization together. Then the author could introduce the whole process of the rise and development of the Network Translation Organization and the problem of the alleged infringement of the network copyright to scholars of copyright law and tort law and the majority of fans. Network tort liability is regarded as "special provisions of the infringement of the subject" in the relevant rules of the 4th chapter of Tort Liability Law. The 36 th article stipulates that the network tort liability is applicable to general liability, namely the principle of fault liability. However, the Network Translation Organization is a special subject in the infringement subject, and the infringement of it is also a special one. So it should be applied to the special principle of fault deduction and special constitutive elements of tort liability.In the traditional paper printing time, the translation form is "one-way transmission from the source to the destination", whereas in the network time, translation is network interactive translation communication among translators who are connected in network groups(each translator is a main subject of transmission, but comparing to other ones, it is an object in interactive network communications). Different communication ways lead to the different subject and different status of the infringement. The network tort is a special form of infringement, and the copyright infringement of network translation organization is a special form of network tort. Network translation and communication infringement, which came into being in the WEB2.0 era, is special and different from the copyright infringement in the pre Internet era. Along with the network technology development and the relevant administrative institutions combating piracy and violations of intellectual property intensity strengthened year by year, Network Translation Organization also has advanced with times and constantly updated technology transform network transmission ways to circumvent laws and regulations and responded to foreign copyright owner. In the current legal system, Network Translation Organization cause damages to foreign copyright owners. The consequence of the damages of legal interests is under the protection of copyright law and which is remedial and determined. As for whether there is a causal relationship between the infringement of the network translation organization and the damage fact, our country affirmed it and identified the legal causal relationship.Under the theory of civil law and the current legal framework, Network Translation Organization, which applies the principle of presumption of fault liability, has constituted the general tort liability. The general tort liability is composed of injuring behavior, damage fact, causality and fault. Whereas it is also due to the provisions of law in our country, Network Translation Organization cannot apply the two traditional copyrights, and it’s major reasons are the reasonable use of the defense and the statutory license. It can only apply in part of the safe harbor principle. Tort liability defenses such as copyright invalidation and copyright protection period passed can only be applied when weighed against the case. At present, the increasing trend of the protection of the rights of copyright owners in foreign countries conflicts with the concept of information sharing in the network environment more and more intensified. The legal requirements are always behind the reality demands, and so does the network environment of the WEB2.0 era. As for tort liability defenses of the network translation organization, which is a special network copyright infringement liability defenses, it is in great need for lawmakers to balance the rights and obligations of all parties.