Research On Procedure Jurisdiction Over Internet Copyright

With the rapid developed internet,huge numerous resource and information are shared and spread via the network.However,the convenience of information sharing leads to a growing number of network copyright infringement cases,which are hardly supervised well with the traditional jurisdiction system since the web information is global,uncertain and virtual,distinct from the traditional cases.In this study,the distinct features of the web information was analyzed,on which the flaws of the traditional jurisdiction system for network copyright and the problems in judicial practice were focused on.Then some constructive suggestions to build a new jurisdiction system in network copyright were proposed.Our study was organized as follows.First,the key problems of the traditional jurisdiction system was discovered through reviewing the supervision of network copyright infringements,including the current legislations and judicial practice.Some important problems were exposed,such as the malicious increase of jurisdiction,the abuse of objection in the jurisdiction and the improper order of jurisdiction.Then,the reasons for the problems were analyzed in detail.The difference between the internet and traditional local information was considered as the primary cause of the jurisdiction dilemmas in network copyright infringement cases,including that the virtual network copyright makes the principle of “plaintiff accommodated to defendant doctrine”improper in specific situations and the globalization of internet leads to the scope of jurisdiction ambiguous.At last,some constructive suggestions were proposed to improve the jurisdiction system for network copyright according to the analysis above and the Chinese characteristics.The main suggestions consisted of determining the sequence of the jurisdiction from different departments,locating the infringement occurred using internet protocol(IP)address and limiting the jurisdiction from the location of tort results.