Study On Infringement On The Right Of Information Network Dissemination

The development of Internet brings us to live in the world where the network isavailable all the time. Aspects of life are approaching to network, and information istransferring in the rather more immediate and efficient way which alters our study,work and life, instead of the traditional one. Enjoying the great convenient withnetwork, we have to face fact that the infringement disputes caused by network arehighly increasing overtime. In an era of information revolution, the value of copyrightis profoundly enhanced. As also, the violation of information network is looming large.Responding to practical needs, the government of China revised Copy Right Law in2001and protection of information network spreading right was signed into law. In2006,Regulations for the Protection of Information network Transmission Right waspromulgated by the state council, aiming to perfect the system of protection ofinformation network transmission. Factually, disputes in the right of informationnetwork spreading are still on enormous increase. Therefore, letting system ofprotection of information network transmission sound and calling to account theinfringement of right of information network spreading are an arduous task.Retrospecting the development of protection of copyright, we realize that onone hand,the protection of copyright in China has been dominated by westerndeveloped-countries led by American with high standards and on the other hand, theinfringements of copyright prevail in China affected by traditional cultural awarenessof people. With the entrance to WTO, the government have carried out a series ofpolicies to open to the outside world and to develop external traditions. It’s theexorable trend to make the systems of copyright emerge internationally and keep pacewith the world. The protection of right of information network transmission is a newissue to further discuss for every country as well. Based on actual circumstances aswell as the advanced concepts and legislative experience of western-country, ourcountry will own ourselves characteristic in protection of copyright, especially in theright of information network transmission. And then, mature practices of our countrywill be extended to the world and become international finally. In view of the above mentioned, this essay analyses the infringements of right of information networkspreading, and much attention is paid to legislation, judication and practice.This article demonstrates in this logic sequencing: beginning with introduce ofcurrent situation of the right of information network transmission; analysizing theconcept, development and legislative overview of the right of information networktransmission as some basics of the demonstration of infringement liability in thefollowing; elaborating the value of the right of information network spreading and thereason why infringements are restrained to prepare for the survey of regulation inright of information network transmission. This theory concerns on the doctrine ofliability fixations and constitutive requirements of the right of information networktransmission. In the doctrine of liability fixations, this article expounds threedoctrines: fault responsibility principle, fault infer responsibility principle andnon-fault responsibility and the non-fault responsibility should be widely applied to.In the constitutive requirements, the essay concentrates on the theory and practicalproblems of the infringement actions, fact of damage and subjective fault, takingexamples as providing the hyperlink service and network platform which presentwidely and frequently in the infringements. By describing the various detriments ofthe fact of damages in the different hyperlink services, different punishments will bemade. After that, by making comments on current situations about infringements ofthe right of information network transmission and misunderstanding of the above inacademic, the available measures will be put forward to perfect the relative legislation.Finally, a construction will be made that non-fault responsibility doctrine should bewidely applied to the systems on infringements of the right of information networktransmission and variable tortuous action will be introduced. By identifying the coreof the right of information network transmission, direct tortuous action and indirecttortuous one will be distinguished. According to the above, doctrine of liabilityfixations will be confirmed.