The Research Of Tort Liability Subjective Fault Of Network Service Provider

In recent years, with the development of information network technology, the internet has become an indispensable part in our daily life, and plays an import role in our life. Application of digital communication has a great impact on the protection of copyright. The rapid development of the internet and other related industries has brought unprecedented impact and challenges to traditional copyright protection. As a double-edged sword, the internet will be involved in infringement while the wide spread of information technology. Due to the large amount of information, the Internet service provider cannot escape from the doom when providing service. Most countries have legislation for the infringement of network service provider. We have the relevant contents among the People’s Republic of China Tort Liability Law and Information Network Transmission Right Protection Ordinance. According to the related statistics, copyright cases have ranked the first among all intellectual property cases. How to define the liability of the internet service providers, and how to judge their responsibility, especially how to judge their subjective fault has become the key problem.This paper is divided into four parts, the first part is the definition of network service provider; the second part is tort liability of network service provider; the third part is the subjective fault identification of network service provider. We discussed the topic from responsibility principle, recognized standards, and related cases; the fourth part is conclusion.