Research On The Liability Of Internet Service Providers In Copyright Infringement

With the expansion of information sharing service,internet service provider is more professional and detail-focused.By equipment and technology,providers offer the access,transmission,storage,positioning and other intermediary services to users,which results in a numbers of copyright infringements.When protect and remedy the relevant rights,the obligee is always faced with a dilemma,while the internet service provider should take responsibility.As the general principle for the internet copyright infringement,“Heaven Principle” is the stage achievement in developing internet technology industry freely and healthily.Because the increase of copyright infringement,it is unable to fit the society.Countries try to solve the joint problem of copyright protection and internet industry development under legislation.Although some measures are not successful,when it comes to the win-win situation of intellectual property protection,internet productivity development and maximize the public interests,it could also be balanced.This thesis consists of three parts and uses comparative analysis,case analysis and comprehensive analysis.The content includes:In Chapter 1,it introduces the research background,research method and research value.In Chapter 2,the basic theory part,it talks about the concept and classification of internet service provider,which leads to the attribution principle on infringement liability of the service provider.Chapter 3 to Chapter 5 is the main part of this thesis.In Chapter 3,it studies two kinds of service provider infringement liability.In Section 1,it concludes the definition of post and reload as well as the liability taken and limited.In Section 2,by relevant cases,it argues the trans-coding of search engines which constitutes the direct infringement,and the regulation of snapshot.In Chapter 4,it compares the legislation of different countries,and analyzes the possibility of “three strikes out” and “six strikes warning” in China.In Chapter 5,it suggests the solutions to improve our legal system.The proposals conclude the improvement of Heaven Principle,the development of reasonable care,the introduction of comparing technology and the measures of copyright collective organization.This thesis hopes to make a small contribution to improving the legislation of copyright and the judicial practice.