Applicable Research Of Infringement Standard For Information Network Transmission Right

The right of information network dissemination was formally incorporated into the copyright law in the revision of copyright law in 2001.In the process of the development of the network copyright infringement,it has gradually formed the model of determining the infringement of information network transmission right by the server standard.However,with the development of technology,the server standard shows its lag,the server standard can not be identified as a new type of network service behavior violations of the right to spread information network.In order to strengthen the protection of copyright,perfect the regulation of the new Internet technology,and guide the development of the technology to the application of the law,there should be a new way of thinking about the infringement of the right of information network dissemination.This article from the violation of the right to network dissemination of information of the information network transmission right infringement concept and standard server standard,pointed out that in the new Internet technology.Internet service providers are regarded as infringement,the limitations of the standard server.After the analysis of the difference between the right to network dissemination of information and information network communication behavior,expounds the dissemination of the information network should be understood in a broad sense,should act dichotomy be divided into "work behavior" and "network service behavior".According to the different subject,nature and behavior of these two types of behavior,that should respectively take the direct infringement and indirect infringement behavior rules rules of two kinds of main specification,and analyses the applicable conditions of direct infringement and indirect infringement rules and the rules of their respective location in the network copyright protection system.Finally,we should distinguish the correct application server standard,works to provide network services behavior and behavior,and appropriate reference system of the United States,perfect the indirect infringement rule in China,maintaining the unification of the law,the network environment and people's legitimate rights and interests of copyright free.This paper has some reference value for solving the problem of the server standard in the judicial practice and the location of the network service provider.