Analysis On The Principle Of Technological Neutrality In The Internet Environment

The principle of technological neutrality is established by Sony case.It makes a great contribution to technology progress in last 30 years or so,and it is also the key of the study of the “indirect infringement”.In the era of internet,the principle of technological neutrality has become the "safe harbor" for ISP in the copyright legislation which designed for digital area.The rapid development of network technology has brought great impact on the protection of intellectual property rights,and the system of indirect infringement of copyright should be adjusted as well.The ISP just consider the principle of technological neutrality as an infringement exemption is a misreading of the it.To be a general rule for the identification of indirect infringement is a misunderstanding of the technical neutrality principle,which should be used as the standard of the presumption of subjective intention.The determination of indirect infringement in the network environment still needs to return to the general rules of the tort law.It is the key to improve and even reshape the common tort system of the network copyright in our country by making the meaning of technology neutrality principle clearer and surer.This paper is divided into three parts:In the first part,we discusses the origin and evolution of the principle of technological neutrality.This part back to the establishment of the principle of technological neutrality case Sony case,to study the original intent of the legislators.On this basis,further pointed out the principles for U.S.Patent Law "Staple Article of Commerce" principle of transplantation.Through the U.S.patent law and the contrast of American copyright law that is to analysis the principle of technological neutrality.Finally,describes the different attitudes towards the principle of technological neutrality in both theory and practice,the intention that the advantages and disadvantages of legal principle as a design.The second part refers to the principle of technological neutrality and flexible reflection in the network environment.This part first makes a description of the network technology,network analysis technology in different new features in the traditional technology for the intellectual property system has put forward the technology,only by changing the social relations can the net change the legal design view.Secondly,depicting the different "neutrality" technology.Thirdly,combined with the network copyright infringement case to explore the development principle of technological neutrality in these cases,two cases of old and new generation of P2 P is the focus of this part.Finally,the principle of technological neutrality rules is embodied by DMCA,we should analysis The principle of neutrality in safe harbor.The third part return to the general rules of indirect infringement system of copyright law in our country,and combined with the related case,further analysis of the principle of technological neutrality practice value.The return to the legal,the copyright shall be considered against the excessive expansion of the argument,that the principle of technological neutrality should return to the general principle of indirect infringement,should not be over interpreted and applied.Chinese copyright law should adhere to the general rules of common tort,better the infringement system based on reasonable positioning technology neutrality principle,bettering and remodeling common tort rules is the key to solve the network copyright disputes.