Research On The Transmission Right Of Information Network In The Mobil Communication Network

Since the transmission right of information network was put forward in China's CopyRight Law for the first time in 2001, some headway has been made in the research in this aspect. But the researches mostly aim at the protection of the authors' copyright on the Internet or in the digital library. Covering a wide scope, the mobile communication network is a type of the network. With the rapid development of the information transmission in the mobile communication network, it's very necessary to research the protection of copyright in this aspect. From the viewpoint of information law, this paper primarily discusses the legality of the transmission right of information network in the digital mobile communication. The paper discusses these questions: 1. About the application of law. The paper analyses the legal nature of transmission right of information network and the application of law for the information transmission in the mobile communication network. 2.About the definition of the tortious liability. While the tortious conducts happen to the authors'transmission right of information network in the mobile communication network, it's necessary to distinguish the tortious liabilities among the ISPs (Internet Service Provider) including IAP(lnternet Access Provider),ICP(lnternet Content Provider) and ASP(Application Service Provider). 3. About the protection range. The paper discusses the reasons why to limit the transmission right of information network and how to limit it. Because the researches on the transmission right of information network are not plentiful, this paper maybe could offer some useful reference to either the theory research or the law application in this aspect.