The Indirect Infringement Liability Of Copyright Of Internet Service Provider

With the development of the information age,the rapid development of network communication technology has a profound impact on the protection of traditional copyright.On the one hand,the network communication technology not only has promoted the spread and use of the works,but also has expanded the scope of the copyright;On the other hand,the network communication technology provides convenience for the reproduction and dissemination of infringing works.At the same time,the harm that the infringement consequences influence is greater and more extensive.The continuous innovation of Internet technology and business model leads to the new situation and new problems of network copyright protection in endlessly.Besides,people gradually pay more attention to the copyright infringement liability of Internet service provider,which becomes a new hot spot of judicial protection.However,the relevant legislation of the network service providers in China is not perfect.Moreover,the responsibility of the network service providers in the judicial practice is not consistent.At present,there is no relevant laws in our country to directly fix the direct and indirect infringement.Many domestic scholars also consider that the division between direct infringement and indirect infringement is the practice of common law countries.The confirmation of responsibility to the network service providers can be resolved by using of traditional joint tort theory,which and conforms to the legislation mode of the mainland legal system.Under the environment of network,the situation that the copyright protection faces is becoming increasingly complex.What's more,the form of infringement is also becoming more and more diversified.Internet service providers are regarded as a bridge to connect the copyright owners and the public,which plays an important role in the dissemination of information network.How to correctly identify the responsibility involves whether it will be able to achieve a new balance of interests and whether it can realize the common development of copyright and network technology.Traditional theory of joint infringement is in straitened circumstances on how to identify the network service provider of technical services provided to the assumption of the nature of behavior and responsibility.Therefore,under the basis ofnational conditions,it is necessary for our country to reference the advanced theories at home and abroad,draw lessons from practice experience which comes from the domestic and foreign advanced legislation and the judicial as well as carry out the correct regulation to the network service provider's responsibility.This article will mainly discuss the indirect infringement liability of Internet service providers from four aspects.Firstly,it will elaborate the concept and classification of network service provider,distinguish the network service provider from the network content service provider.,whose significance is that it is clear that the two are the main body of different tort,having difference in infringement,imputation principle and responsibility.Secondly,analyzing network service provider of imputation principle and applying to the fault imputation rationality will be will be presented.Lastly,discuss the necessity of direct infringement and indirect infringement in our country,analysis the relationship among direct infringement,indirect infringement and joint tort,and parse the liability limits of indirect infringement,safe harbor rules and technical neutrality expound responsibility of indirect infringement and Methods of Responsibility for Internet service providers in our country.