Research On The Indirect Infringement Of Copyright In The Service Of Network Service Providers

Copyright system is designed to encourage the author create and promote the development of science,society,culture,and strive to maintain a balance between the works of the copyright owner and user.However,with the emergence and development of network technology and information transmission speed is accelerated,the network as a whole new way of the spread of the works,to break the balance of interests between copyright owners and users of the system.Users of the spread of works,make the loss of control of the works of the copyright owner of copyright infringement disputes emerge in endlessly,Internet service providers also often become perpetrators of Internet infringement copyright.The behavior of the Internet service provider violate copyright mainly include two categories: the direct implementation of proprietary rights,control of direct infringement and did not directly infringe on copyright but inducing infringement or with help of indirect infringement.One more also relatively typical one indirect infringement cases.In dealing with Internet service provider behavior of indirect infringement copyright,on the legislation of China under the copyright law and the information network transmission right protection ordinanceand other laws as the basis,supplemented by other judicial interpretation and regulations,where applicable,in principle,with reference to the United States haven principle,but the principles applicable in our country still has many problems.All in all,strengthen the Internet service provider the holder of the indirect infringement of copyright problem in the research for the coordination of the copyright owner,the Internet service provider and the social public interests,promote the healthy development of the Internet is of great significance.In this paper,three typical judicial cases as a starting point,from individual to universal,summary the indirect infringement on Internet service provider copyright of the same or similar cases in the process of trial three controversial problems of the main,and around these problems in turn for legal analysis.Finally on the basis of analysis to explore these questions case study conclusion and revelation.This article is divided into three chapters:The first chapter introduces the basic situation of the case.In recent three years are briefly discussed in the field of indirect copyright infringement in the network the basic cause of action of three typical case,the trial situation andthe focal point of controversy.Among them,this paper discusses mainly the CYB culture media Limited Company Sue Baidu Company infringement case,and according to the court's ruling situation analysis and induction in the trial of the case,the main focus of dispute,and then briefly discuss the other two relevant cases and summing up the dispute focus of each,respectively,the last reference to three case raises the controversial focus in the field of the main process of similar cases in the trial of three controversial problems.The second chapter is the case legal analysis of issues.Combined in this paper,the three cases in turn to the three main analyzing legal issues.The third chapter is based on the analysis of research case study conclusion and enlightenment.Based on analyzing legal issues together,case research conclusion,and reference for the scholars of the valuable processing suggestion from enlightenment,namely analysis summed up the current in the legislation and practice,such as the Internet service provider main problems of indirect copyright infringement cases,clarify the overall solution to solve these problems and puts forward specific solutions.The author through the discussion of the full text is tryingto solve the Internet service provider to the holder of the indirect infringement of copyright problem,by perfecting the relevant solutions,build a more conducive to the spread of the outstanding works,the network environment can make the outstanding works under the network environment with the help of the Internet service provider a benign spread of modern media widely,to let the public under the legal order of good share the achievements of human civilization,maintenance of Internet service providers,copyright owners and the balance of interests between and among the public.