The Study On The Right Of Information Network Communication And Determining The Act And Responsibility Of Infringement

As the development of computer technology and the popularity of internet, information network communication right was added into copyright law in 2001.At that time, there was no one law to solve the problem of copyright infringement on the internet. Thus, establishment of information network communication right not only applied to the regulation of law, but also was helpful to solve the problem of information network communication right infingement.In the recent years, the new internet technology has been more and more popular, especically the mobile internet and terminal devices. The problem of network media infringement is very severely. How to analyse and deternime the responsibility of information network communication right infingement. There is the main contents in the followings:Firstly, explain the background of the establishment of information network communication right with theory of network society. Internet technology changes the way of information communication and the people’s relationship, defining the right clearly is the premise of determining infringement act and responsibiliySecondly, information network communication right infringement contains direct infringement and indirect infringement. For the infringement elements, there are infringement act, infringement result and causal relationship in the objective aspect, and there are subjective fault in the subjective aspect. As to the principle of determine infringement responsibility, principle of fault presumption is the same with direct infringement, the principle of fault liability is the same with indirect infringement.At last, the mobile internet technology is developing very fast, the mobile internet infringement have three features including huge quantity, easier to hide and hard to supervise. From the examples of Today’s Headline and Wechat, we can come to conclusion that the principle of Safe Harbour can’t be used to analyse the direct infringement, the internet service provider can exempt the responsibility except that taking preventive measures positively and bear the duty of care.