| The document sharing platform has been controversial since the recent years. Itis sought after by many people as a new document mode of transmission, and on theother hand, it is also a difficult problem due to copyright issues troubled. WidespreadConcern on Baidu library violations drew us have to re-examine Internet copyrightprotection problems faced by legal disputes. However, during Legal practice, thecourts have no unified understanding about specific rules to determine whether thedocument sharing platform constitutes copyright infringement. This paper raises thequestion from the four groups of cases proceeding to discuss the document sharingplatform for copyright infringement.The article is divided into three parts, i.e. the Introduction, the body, and theconclusion.The purpose of the introductory section exists in the part of the introduction part.I hope that through research, document sharing platform for copyright infringementfor the legal practice in how to properly determine the document sharing platform forcopyright infringement, the proposal to have a certain reference value.The body part consists of four chapters:The comparison of two cases the court in the first chapter summarizes thedomestic document sharing platform, operating mechanism, the document sharingplatform for qualitative, and put forward the document to share the nature of theplatform will directly affect the recognition of its tort liability. Chapter II involving the refraction of document sharing platform for directinfringement cases, leads to the interpretation of China’s Information NetworkTransmission Right Protection Ordinance Article22, paragraph by changing the workcontent to explain in depth explore the relationship between the behavior of changing worksand direct infringement liability.Chapter III, by comparing the first two involving case judgment thinking aboutthe document sharing platform for indirect infringement, combining with the indirectinfringement of the concept and the characteristics of the identified document sharingplatform indirectly, point out the general rules of tort liability. And then I got specialrules for the indirect infringement identified in the document sharing platform throughthe analysis of differences in standards about the document sharing platform andvideo sharing sites.Chapter IV discussing the case of "direct economic interest defined", analyzedthe conditions of application of the rules of" vicarious liability "in the InformationNetwork Transmission Right Protection Ordinance is not clear enough, resulting inthe determination of a high degree of uncertainty, which easily cause that the mostInternet service providers will not be applied to the safe harbor rules, and tort liabilityto arrive at the" vicarious liability "will not be applied to the document sharingplatform identified.The last chapter is the concluding part, the author point out document sharingplatform tort recognized rules specific recommendations based on the analysis of thebody part. |
