The Legal Analysis Of APP Market Infringe Copyright

Li Chengpeng v. Apple Inc. case is the Chinese Writers Rights Alliance v. Apple in a typical case, this series of class action cases filed from 2011 to 2016 was the Supreme Court dismissed the application for retrial, reach the end finally after five years.In this paper, by analyzing Li Chengpeng v. Apple Inc. case, it is intended to provide some experience for reference for future proceedings and network service providers Responsibility Determination similar APP market infringement cases. Mainly through case analysis, focus complemented by literature research and comparative research methods, analysis of cases substantive and procedural issues, a clear case of dispute, the parties and the court investigate the claims of reason, and in which the theoretical issues involved in the analysis. Case of Apple provides third-party developers of code and other technical support, and with the signing of a distribution agreement, the direct economic gain, with the fault, constitute contributory infringement, does not comply with the network service provider statutory exemption conditions,can not seek the shelter of “haven system”. Apple jointly and severally liable, according to the court to determine the amount of compensation in line with its terms of reference the rules relating to statutory damages of copyright law.This thesis is divided into three parts, the first chapter introduces the results of the trial court and the circumstances of the case; the second chapter is the focus of this paper, the analysis of Apple as a network service provider and whether the type of infringement, and if applicable exemption conditions, and It analyzes the civil liability and the amount of compensation Apple undertaken; the third chapter is about some thoughts on the case.