From The Technical Process:Research On The Issues Of The Scope Of The Right Of Information Network Dissemination

The right of information network dissemination is a new exclusive right created to adapt to the need for copyright protection in the network environment,so as to solve the problems caused by network transmission.However,in the application of the right of information network dissemination,the views of some theoretical scholars seem to contradict the practice of practitioners,the reason of which is that both parties are the scope of the application of right of information network dissemination,particularly,lack of common understanding of the role that Internet service providers play in the network.The key to apply the right of information network dissemination correctly to define the parties who make the information network communication and what kind of behavior belongs to the information network communication.This article,based on the the network transmission of the works,uses multiple approaches to analysis,including historical approach,comparative law approach and legal texts approach.In terms of parties,the Internet Service Provider is an important participant in the process of network communication.What's more,the upload users only provide infringing copies,not the communicator make the infringing copy to the public.The original intention of creating the right of information network dissemination is to adjust the behavior of the Internet Service Provider during the communication process.Therefore,the parties of the right of information network dissemination should include Internet Service Providers.In terms of behavior,“provide” should not only focus on the initial providing behavior of the upload user,but also need to pay attention to the public “access” of the technical results.Providing storage,search links and other net work services by the Internet Service Provider also belongs to the information network communication.By comparing and analyzing the relevant legislation of the EU and the United States,as well as our country choice,this article further clarifies that making the Internet Service Provider bear the responsibility of indirect infringement,the method adopted by the United States can not fully integrate with the situation of China,so when explaining the right of information network dissemination,we should make the network service provider bear the responsibility of direct infringement and put forward author's own opinions.