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Liability Of Internet Host Service Provider For Copyright Infringement:Comparative Analysis Between Germany And China

Posted on:2019-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y WangFull Text:PDF
GTID:2346330545477371Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Since the advent of the Internet era,the network plays an irreplaceable role in the present society.On the one hand,the combination of the Internet and traditional industry has enormously promoted the industry development,on the other hand,the Internet has brought conventional breakthrough on legal issues.One of the most typical problems is online copyright infringement involving internet service provider.At present China's solution of this problem has still many problems.Internet copyright disputes are more complicated compared with the traditional copyright disputes,especially for Host-Providers.The traditional copyright law responsibility cannot simply be applied on the Host-Provider.Under the network environment it is required to accurately handle the copyright infringement liability of Host-Provider for the copyright protection and the development of the Internet industry.This article studies on the problem of Host-Provider's copyright infringement liability in China,and comparatively studies the solution to the same problem in Germany,which is also a civil law country like China,under the background of internet era.Besides the introduction,this paper will be divided into four parts:The first part is a comparison between China and Germany Internet industry and the definition of Host-Provider in both countries.Through the introduction of the background of the internet industry,the author try to clear the meaning of the comparison between the two countries.And the paper starts off by the concept of Host-Provider to let the reader have a preliminary understanding to subject in the problem of online copyright infringement.The second part is a legal analysis on the solution to the problem of online copyright infringement involving Host-Provider.By introducing and analyzing the three theories of liability of internet service provider,the author studies the legitimacy of Host-Provider's responsibility.In addition the paper reveals from the practical perspective problems that the "notice and take down" rule has brought,mainly including repeated infringement and lack of motivation to remove the infringing content.The third part introduces and analyzes the legislation of the liability of Host-Provider in Germany.This section introduces the basic of the requesting right of Host-Provider's liability in Germany and the corresponding cases.One of the most important basic is the liability for interference,which is derived from the traditional property law(Storerhaftung).This liability for interference is the primary ways to solve such problems in Germany.The immunity from liability for Host-Provider in german Telemedien law will be introduced,and the deficiency of the german solution will also be analyzed.In the fourth part the author makes suggestions from the german experience for solving the problem of online copyright infringement involving Host-Provider.The german liability for interference should be learned and applied in the practice in China.On this basis,the liability system of online copyright infringement should also be perfected with a clear distinction between direct liability and indirect liability of Host-Provider so as to achieve the ultimate goal of preventing repeated infringement,protecting the interests of the copyright owner and promoting the development of the internet industry.
Keywords/Search Tags:internet host service provider, Copyright infringement, notice and takedown rule, liability for interference
PDF Full Text Request
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