Compensation Paths To Explore Violations Of The Right Of Communication On Information Network

The right of communication on information network is the kind of economic rights,and network technology to break the inherent balance of the traditional copyrightsystem, the rights of people find it difficult to control the enjoyment of their right ofcommunication on information network, the disputes are also increasing.The path of the existing tort damages only on the law, is including the victim’sactual loss, the benefits of the infringer, the statutory compensation, such are the threecalculation methods,"Network Dissemination of Information Ordinance" limitationsof copyright legislation. exposed in the trial practice rules of uncertainty is low, maybe less predictable, low economic efficiency drawbacks, in response to thedevelopment of new technologies, the system of compensation violated the right ofcommunication on information network must have new ideas and legislationparadigm.Baidu library events, this paper, the use of the balance of interests of the economicanalysis, theoretical methods such as Pareto optimality, by foreign concept, thinkingand feasible countermeasures. Through the analysis of specific cases, and judicialpractice considerations such as the well-known of the infringing works, licensing fees,the market value of the infringement of subjective fault, on-demand number bedecomposed one by one and re-integration, and innovation to propose to emulatecriminal trial sentencing standardized the discretionary authority of the statutorycompensation rules and the judges of the flexible combination, and using theindicators of the right to re-system of mathematical tools, formulaic reasoning of theway to solve the current calculation of statutory compensation does not open,standards are not uniform, inefficient and there is no flexibility bottleneck problemscan be helpful to the legislative branch formed network tort damages system.Finally, we look forward to the departments concerned to carefully develop thebalance of copyright protection of the rights and network technology development oflegal norms, so that the system can be expected to prevent the occurrence of the tort.