Research On The Responsibility Of Copyright Infringement Act Of Internet Service Provider

As the significant platform for Internet spatial dissemination and utilization of the works enjoying the copyright,Internet Service Provider(ISP)is the dissemination center of Internet information.In the virtual environment with technology upgrading increasingly,the right of reproduction and the one of communication through information network would face with many problems in copyright.So,under the prevailing “Internet plus” historical background,some adjustment about the current copyright laws should be taken on the problems of the ill-protected on network copyright,which means that the due right of copyright owner would be protected from impingement,and industrial interests would not be distracted,so as to hit the balance between technology and equity under the new historical background.Cases analysis and comparative analysis would be used in this paper,in order to elaborate the infringement about copyright of ISP.Practically,the relevant cases about the infringement about copyright of ISP would be discussed firstly,analyzing the legal requirement of the infringement.Theoretically,the suggestion about how to complete the judgment about liability of copyright infringement in China,by comparing Chinese legal system and the principles of safe harbors in U.S.A..In part one,there would be a brief introduction about the infringement acts of copyright of ISP,including the definition and effect of network service,the causal analysis and descriptive analysis about the infringement problems,which would reinforce the background information for further theoretical and practical discussion.In part two,the how to judge the infringement acts would be detailed in this chapter,by concluding the pattern of manifestation of them with cases analysis on relevant problems.Furthermore,the opinions would be given to the judgment standards for them.In part three,with the comparative analysis on the general regulations about the responsibilities of network copyright infringement in our prevailing legal system,the patterns of copyright infringement of ISP and the confirmation of liability would be proposed under new technological condition,including compensation standard,liability exemption and so on.In part four,some legislative advices and judicial ones would be given to solve the problems of liability fixation existing in current judicial practices,after elucidation about theories and practices in three chapters before.