On The Copyright Infringement Of The Internet Service Providers

Internet service provider, as a network of information dissemination platform and carrier, plays an extremely important role in the normal operation and development of the Internet. It is easy to be drawn into the maelstrom of the infringement for the frequent occurrence on the Internet copyright infringement; because information is sent on the Internet and the transmission cannot be separated from the Internet service provider. However, copyright infringement on the network, is more complex than the traditional method of infringement of copyright, how to accurately be defined is not easy; if the dispute is not handled properly, is not conducive to the protection of the interests of the copyright owner or network service provider, conducive to the creation and dissemination of works in the network environment is not conducive to promoting the healthy development of the network. Therefore, the network service provider in the copyright infringement liability issues to be explored is necessary. However, regulation of Internet service providers in the existing legal system in our country but there are a lot of blind spots for network service provider’s copyright infringement legislation still rough idle. Theorists its growing concern about its research has just started on the less, this article attempts departure from the typical case, the summary and analysis of the problems in the field of copyright infringement of China’s Internet service providers, and cautious preliminary exploration and reflection on the legal regulation of Internet service providers for copyright infringement.In addition to the introduction and conclusion, the paper is logically divided into four parts:Chapter Ⅰ:Overview and the focus of controversy’s generalization for internet service provider infringement cases. This chapter begins with the "students" magazine v. Beijing News Public Information Co., Ltd., Li Xiang copyright infringement case summary and synthesis, which summarized the case the focus of controversy and dispute the focus of the network service providers copyright infringement the issues are emphasized.Chapter Ⅱ:the classification and legal status of the network service providers. With case of this chapter discusses in detail the basic theory of network service providers. First of all, it is reasonable to define the legal concept of network service providers, on this basis, scholars accepted theory of network service providers divided and classified for web content service provider (ICP) and online service providers (OSP); Second, based on the different roles of the web content service providers and online service providers, to determine the legal status of the ICP and OSP.Chapter Ⅲ:Identified in copyright infringement liability of internet service providers. This chapter is divided into five, and the key point of this paper. The first section briefly discusses the generation of copyright infringement liability of Internet service providers and its legal basis; Section II based on the ICP OSP nature, status and role, from two angles of direct infringement and indirect infringement, at home and abroad ISP Copyright responsibility-the principle of legal practice, discusses the ISP Copyright Infringement liability Fixation; Section III first ICP direct tort liability theoretical constituent elements were summarized, and secondly, were discussed the OSP auxiliary infringement and alternative indirect tort liability for infringement of two constituent elements; fourth quarter combined with the EU e-commerce directive discusses the network service providers exonerations, namely:the mere transmission service Disclaimer cache, network storage service free responsibility, the network service provider does not assume oversight obligations; Section5combined with the basic theory of the copyright infringement liability of Internet service providers, targeted analysis "college students" magazine rights case.Chapter IV:Recommendations to improve the copyright infringement liability of Internet service providers in China. This chapter first discusses the legislation on copyright infringement liability of Internet service providers in China the status quo and problems, followed by good finds from the tort liability of Internet service providers, legislation to enhance the level of restrictions or waiver of the provisions of the obligation, tort liability, tort liability the form of a not yet mature thinking and recommendations.