Research On The Trial Of Copyright Infringement Cases Of Online Literary Work

In the field of online copyright,there are frequent violations of online literary works,the problem of rampant piracy is prominent,and it is difficult for rights holders to safeguard their rights.It is urgent to provide accurate identification and characterization of infringement at the judicial practice level.Based on the difficult and hot issues in current judicial cases of infringement of online literary works,this article analyzes such issues as the judgment standards for "providing works" in copyright infringement cases of online literary works,the identification paths for direct and indirect infringement,the contact and substantive similarity elements in plagiarism cases,and the application difficulties of the punitive damages system.In addition,it also analyzes the current laws of China and the latest judicial interpretations,Provide suggestions for improving the trial of cases in the field of online literary copyright.The first chapter of this article analyzes the current particularity of infringement in online literary works,and summarizes the types of infringement,behavior identification,and liability attribution analysis.The second chapter summarizes and analyzes the current situation of online literary works infringement cases in recent years.The third chapter analyzes the trial issues and causes of infringement cases of online literary works,and believes that the substantive issues lie in the different standards of adjudication and less compensation for damages;The procedural problem lies in the difficulty of obtaining evidence in litigation.The main reasons for the high incidence of litigation cases are the abuse of the principle of safe haven and the absence of punitive damages.The fourth chapter puts forward suggestions for improving the trial and adjudication of curbing infringement of online literary works.It believes that the provision of direct infringement should be determined based on the substantive presentation standards,and the server standards should be integrated.At the same time,the forms of responsibility of network service providers should be differentiated based on technical characteristics and business models.The flooding application of the "safe haven" principle should be abandoned,and the duty of care of network service providers should be strictly determined,In terms of litigation evidence collection and burden of proof,it tends to favor the oblige,and puts forward targeted suggestions on the application of the punitive compensation system for online literary works.