On The Copyright Infringement Liability Of The Internet Service Provider

The rapid development of Internet technology brings both the wide dissemination of information and convenience of our daily work life, furthermore makes the network of copyright violations growing. In order to remedy their rights, the copyright owner often litigate the regular network service providers to court to compensate for losses from copyright violations to their own. Protection of the rights of the copyright owner encourages creative initiative of the author and provides more spiritual wealth for the society. Meanwhile it provides a technical service support to the operation of internet as the Internet service provider in the key link in the networks. Their development interests should also be concerned about. Study on copyright infringement liability-related issues of network service providers are very important on theoretical and practical significance for balancing the interests among copyright owners, Internet service providers and the public and promoting the development of network industries.The paper discusses the issues relating to the responsibility of internet service providers for infringement of copyright by using theoretical analysis, case studies and comparative analysis. Besides the introduction and conclusion, the paper is divided into five parts:Partâ… is a overview of network service providers for copyright infringement. The part defined and divided the network service provides. The network service providers consist of network access service provider, network platform service provider and network content service provider. The paper also interprets the indirect and complexity of copyright infringement of network service providers and analysis legal pursuant on network service provider copyright infringement responsibility. Partâ…¡is the doctrine of liability fixation of copyright infringement of network service providers. The section introduces the doctrine of liability fixation of copyright infringement of network service providers in WTO, the United States, Germany and China and clarifies the doctrine of liability fixation of different network service providers by types. Partâ…¢discusses the nature of copyright infringement liability of network service providers. The part separately introduces direct and indirect infringement responsibility and analyses the significance of indirect infringement responsibility establishment by case studies. Part four is about composition and limitation of copyright infringement liability of network service providers. The part clarifies the illegal behaviors, subjective faults, fact of damage and causal relationship between illegal behaviors and the fact of damage. The part also interprets the restriction of liabilities of different network service providers. Partâ…´points out the legislation and judicial issues on the infringement of copyright of network service providers and gives the corresponding suggestions.