Research On The Evidence Preservation Of Infringing The Rights Of Information Network Transmission

The application and popularization of Internet has greatly changed people's mode of production, action, lifestyle and thinking. Whether work, study and life or leisure and entertainment, mostly with a mouse to finish. So do cinematographic and television works, the favorite movie or one of its parts can be found anytime. The national strategy of intellectual property rights take "revise punishment of infringing intellectual property in law and regulations. Strengthen judicial penalties, enhance the awareness and ability of obligee self rights behalf. Reduce cost, increase rights infringement price, and restrain infringement effectively." as the main point of strengthening intellectual property rights protection. Meanwhile, the special copyright task is:"face to the protection challenged by the development of new technologies such as the Internet. Deal with the relationship between the copyright protection and the security of information transmission properly, not only protect copyright legally, but also promote information transmission". We have to face how to adjust the interests relationship of obligee, internet service providers and users in the area of information network transmission. In such environment, the protection of the right of information network transmission is greatly challenged, the infringement and protection of the right of information network transmission has been increasingly concerned and discussed, especially in the theory and judicial horizons. Infringe the right of information network transmission should be liable for punishment according to the Chinese laws and regulations. The infringement behavior is generally absolute rights like property entitlement, the feasant violates the obligation from the prohibitive regulations of law. So they should be liable for the infringement. But the precondition is evidence collection and fixed preservation. Currently there are no certain practical methods for this evidence preservation in China, it has different understandings from theory to practice. This article discusses:the connotation of the right of information network transmission, the elements of infringing the right of information network transmission, the evidence preservation of infringement and notarization, and the thoughts of notarization to the evidence preservation of infringing the right of information network transmission, etc. To illustrate the theoretic refer to notary effects about forensics from different place, way of notary preservation and so on during the process of notary evidence preservation. To approach the model of the evidence of infringement preservation, notary preservation. It aims to maintain the interests balance between the obligee's right of information network transmission, users and internet service providers, promote the harmonious development between the protection of the right of information network transmission and the right of obtaining public information. To discuss the problems and settlements of questioning the gained effective evidence from notary theories and practice. The author also find some thoughtful problems during the forensics process from the practice of evidence preservation. Such as the compliance of application subject, forensics place and exception, consummate of system and theory, etc. Wholly list here to ask for advice, and hope benefit later work.