Under The Network Environment, Research Upon The Liability Of The Copyright Indirect Infringement Of The Internet Service Provider

With the development of society, the network enviroment has been changed a lot. Due to thepopularity of the network, there are more and more Copyright infringement happened. Thetraditional copyright law can’t be used to protection of the interests of copyright owners. There aremore and more people discussing indirect infringement of copyright. The indirect copyrightinfringement system must be established.Because of the imperfection of law, in our country we mainly used general rule of the civillaw and Regulations on the Protection of the Right of Communication through InformationNetwork to settle the problem about indirect infringement of copyright. When the Tort LiabilityLaw is implemented, it regulated the responsibility of internet service provider, but its content is soabstract that can’t be used well,,what make that how to distribute responsibility to network serviceproviders become a big program.This paper start from the reason of indirect infringement of copyright, emphasizing it isnecessary to establish the system of Indirect infringement of copyright. Then I quote many caselaw of common law system to explain the concept of indirect infringement of copyright clearly. Inthe same time, this paper point out that our law is imperfect by analysising some domestic famouscases. By this way, it can be perceived that we have no rules about indirect infringement ofcopyright, but we often use the concept in judicial cases.This paper base on predecessors’ conclusion, discussing about several common kinds ofnetwork service providers to divide into five types, then discuss their responsibilities. I hope thatwe not only draft general provisions of Indirect infringement of copyright, but also formulatedifferent rules to different type of network service providers, improving Relevant legislation.