Legislation Research Of The Responsibility Of Internet Access Service Provider In The Copyright Law

Under the current copyright law of China,internet access service provider usually will not take any responsibility for others’ copyright infringement.But with the rapid development of Internet,especially the development of peer-to-peer file sharing technology and the streaming media technology,copyright infringement is more and more rampant in the internet.This paper is mainly aiming at solving this problem by considering whether there is a need for the internet access service provider to cooperate with the copyright owner and blow the infringing behavior of others,using which specific mechanism,and the concrete mechanism design,so as to provide valuable reference for our country’s legislation design.The first chapter analyzes the current situation and problem of the responsibility of the internet access service provider in China.Both in the legislation and the general theory,it is commonly acknowledged that the internet access service provider providing the pure internet access service normally will not take any responsibility for others’ copyright infringing behavior.However,France,Britain,Singapore and other nations all introduce the mechanisms of combating the repeated infringers implemented by the internet access service provider in the forms of legislation or judicial practice,including two kinds: "Three strikes out" and "Blockade of specific infringing websites".Therefore,it is necessary for us to require the internet access service provider to blow the infringement in cooperation with the copyright owner.The second chapter mainly analyzes the portability of "Three strikes out" mechanism in our country."Three strikes out" mechanism requires the internet access service provider to reduce speed,or disconnect the network connection aiming at the users repeating infringing behaviors."Three strikes out" mechanism is aiming at the individual users.Because there are a lot of problems in the mechanism itself and it cannot adapt to the current national conditions,we should not introduce the “Three strikes out" mechanism into China.The third chapter mainly demonstrates the portability of "Blockade of specific infringing websites".This mechanism focuses on the infringing websites,which requires internet access service provider to block the websites meeting certain conditions such as having intention of propagating infringing works.At present,many developed countries have already explicitly stipulated blocking measures for the specific infringing websites.The related judicial practices of this is also worthy of reference.Although there are a series of related dispute of this mechanism,"Blockade of specific infringing websites" is of great reference for us as this can effectively help crack down on piracy for the copyright owners and protect the legitimate rights and interests of the copyright owners.The fourth chapter demonstrates the legislation suggestion of "Blockade of specific infringing websites" mechanism.First,"Blockade of specific infringing website" should only be used on the websites providing infringing works in the form of main business.Second,the processing organs of the "Blockade of specific infringing websites" shall include courts and administrative authorities.Last,the using conditions of "Blockade of specific infringing websites" include the following: first,the right holder cannot pursue the liabilities of the infringers in the traditional way.Second,the right holder shall send notice to the internet access service provider previously.Third,the "Blockade of specific infringing websites” measures may not significantly affect the legitimate rights and interests of others.