Study Of Internet Service Provider's Duty Of Care In Internet Copyright Infringement Dispute

To protect the copyright of people's interests,but also to protect the social public interest is the basic starting point of the legal system of copyright.Network service providers as Internet users use work services,equipment providers,on the one hand,it provides the convenience for the user who infringe the copyright of others;on the other hand,in front of the huge amount of information,the internet service providers whether have enough ability or not to distinguish the information of users to upload are illegal.And to make the appropriate treatment in time,in fact,it is difficult to perfect done.In addition,some internet service providers disregarde the network user's infringement in order to the profit.They abuse "principles of safe harbors" to avoid the responsibility.Therefore,internet service providers whether undertake the right infringement responsibility for the users' copyright abuse,and if it should take the responsibility for the copyright abuse,to what extent do it take.It's the difficult problem of the case judge of copyright disputes in the internet.In the network copyright infringement,internet service providers on the judicial determination of the subjective fault is the point of the judgment that whether take the responsibility for joint tort liability or not.However,the judicial determination of the duty of care is closely linked to that of the subjective fault.So,it is very important to determine whether the internet service provider to exercise the reasonable duty of care.That is,we must make the single standard of the duty of care and to what extent do it take in tort suits.Video sharing site is part of information storage service provider,a kind of internet service providers.In recent years,it appear more and more video sharing site of copyright infringement cases.Hence,in this article,the author will take the video sharing site as the main research object of duty of care.This article consisted of four parts.Chapter one is summarize the base theory of Internet Service Provider's duty of care.It includes The meaning of duty of care and composition of the three elements,the judge of Subjective fault,and state the relationship between the duty of care and review obligation.Chapter two.Through the analysis of the theoretical and realistic predicament in the internet copyright infringement,summed up that internet service providers to violate the duty of care decision criteria divede into two: general judgement standard and comparative judgement standard.And the rules of exemptions in the duty care.Chapter three.It pointed out that our country in the network copyright infringement case responsibility identification of judicial predicament.Mainly is the duty of care of that problem and network service providers to passive bear the duty of care.Chapter four.On the basis of above analysis,to probe the perfection of system of duty of care of internet service providers.The judge at the trial should be pay attention to grasp the discretion under the interests balance,build a copyright protection mechanism of balancing the interests of all parties.In addition,the author proposed the three stages — advance reminding,in-process control and afterward treatment,which internet service providers should take the duty of care actively,and as whether internet service providers must bear tort liability in the network copyright infringement.