Network Infringement Case Region Jurisdiction Theory Research

Infringement under the traditional tort cases in the Internet environment has a lot of differences, which causes the traditional tort rules in network infringement cases come in for doubt and Challenge. After infringement appealing to legal channels, the first thing has to determine is the jurisdiction. In the traditional tort, this problem can be well resolved, but in the network infringement cases, this problem become very controversial. The reason of it is the network infringement cases full of a variety of possibilities, these many possibilities makes the original standards are very vague full of uncertainty in apllication,. The plaintiff is difficult to get the defendant’s identity and domicile through their own efforts, then the he application of the rules-the plaintiff go after the defendant has been challenged, as well as the risk of abuseing litigation maybe rise for the plaintiff. How to deal with the original rules of the jurisdiction different people have different kind of view, various views have their place, but has not yet formed a theory can be able to convince all the other views. Some scholars bold attempt to create a new jurisdictional theory to replace the original jurisdictional rules, such as web site under the jurisdiction of the theory, theory of long arm jurisdiction. The new theory is more suitable for network infringement cases or not, as far as iam concered the infringing nature of the network infringement cases has not been changed, we can not completely abandon the original jurisdictional rules. The jurisdiction of the network belong to the site of infringement still play an important role in the specific conditions,well the location of the infringing device asle can be seen as the infringement site. While the location of the defendant are not so easy to set, but can not completely negate the principle of such jurisdiction in network infringement just because it is difficult to determine, applies to this rule should be retained. If the above rules have been all used still not able to determine the jurisdiction, The location of the computer which own tortious information can be been as the sit of infringement for last remedy.