To Discuss The Criminal Law Applied In The On-Line Service Provider’s Crime Of Copyright Infringement

As one of the major groups in the virtual network society, the on-line serviceprovider plays a significant role in the operation and development of the network.Judging from the aspect of the copyright protection, the on-line service provider’spursuit of commercial profit weakens the copyright owner’s control on its works, thuscreating the major incentive of copyright infringement or even the crime againstcopyright. Nowadays, the copyright infringement or even the crime against copyrightbecoming more and more serious, the on-line service provider is responsible due tothe obvious defect in its subjective sense in the happening of the infringement.Thispresent paper aims to explore the means to appropriately apply the traditional criminallaw corresponding to the diversification and expansion of the crime of copyrightinfringement in the cyberspace, in which the on-line service provider is the specialsubject of crime.This paper consists of introduction, text and conclusion,3parts in all, of which thetext, including4chapters, consists of3sections.The first part is Chapter1which describes the concept, scope and classification ofthe on-line service provider, summaries the status quo, social harm and original causeof the on-line service provider’s crime of copyright infringement, and concludes thepresent condition of the criminal legislation on the on-line service provider’s crime of copyright infringement.The second part consists of Chapter2and Chapter3. Aiming at the two differentmain parts of the ICP and ISP, it analyses the tort liability of the two bodies in theangle of tort law; besides, on the basis of the analysis, it comprehensively analyses theissues in which the crime law related to the on-line service provider’s crimes ofcopyright infringement is applied. As to the criminal liability of ICP, this part explainssome issues, such as the "profit-oriented" which is subjectively determined when theICP composes the crime of copyright infringement, the sum of conviction objectivelydetermined in the network context, and no joint crime being committed, etc. As to thecriminal liability, this part principally describes the method to determine whether ISPcomposes an abettor and selectively analyses the fact that the intention liaisonbetween ISP and direct executants of the crime of copyright infringement is unilateraland that ISP’s objective action is of no intention.The third part is Chapter4which describes the prosecution dilemma of the on-lineservice providers’ crime of copyright infringement and proposes purposeful strategies.The proposed suggestions in this paper includes the following three: firstly, take thenature of ISP abettor into the legislation; secondly, cancel the subjective condition ofthe "profit-oriented" of the crime of copyright infringement; thirdly, expand theconviction plot of the crime of copyright infringement.