Research On The Copyright’s Duty Of Internet Service Providers

In the dissemination of Internet information,network technology service providers are an inextricable link.As an information intermediary,they play a continuous and disseminating role.As an ‘intermediary’,the ISP only disseminates information and does not produce any works.Network technology service providers cannot independently infringe copyrights,so its indirect infringement liability determination is more complicated.The ‘safe Harbor’ rule was born to protect the development of the Internet.It has performed its duties well in the past two decades.China has introduced the ‘Safe Harbor’ rule through legal transplantation,but China’s related legal provisions are still incomplete.Under the new technology environment,new ISP such as blockchain,application stores,and small programs have appeared.These new subjects have gone beyond the scope that our laws can regulate.When the type of subject is not clear,the liability for tort is difficult to define,so it will become a difficult case in judicial practice.‘Duty of Care’ is a recipe for solving this difficult problem.Therefore,under the guidance of the ‘Duty of Care’,this article will discuss the determination of copyright infringement liability of network technology service providers.With the help of the ‘Duty of Care’ theory,suggestions for improving the law will be given.Chapter 1 is an overview.Defining concepts is very important in essay writing.The first two sections of this chapter clarify the concept of ISP,and draw the legal subject discussed in the paper through typical cases.Section III clarifies the concept of the "obligation of attention".Due to the rapid development of the Internet,more and more new ISPs have impacted the ‘Safe Harbor’ rules in China’s laws.When judicial trials face difficulties,‘Duty of Care’ becomes the key to solving the problem.Chapter 2 is the judgment factors of ‘Duty of Care’.First of all,we must make clear that the obligation is to judge "fault" in indirect infringement.It helps to objectify "fault" judgments.This chapter draws on the relevant provisions in Anglo-American law,and summarizes the reference elements of the ‘Duty of Care’.In the last section,the legal origin of the duty of care is analyzed and analyzed.Chapter 3 studies the reality of the application of the ‘Duty of Care’.There are difficulties in applying legal duty of care in typical cases.Extending from the case,China’s related laws and regulations also have problems.When problems arise in the law,it is hoped that the general duty of care can be remedied.But loopholes are not a long-term solution.Chapter 4 is for suggestions.Now is the time when Civil Code of the People’s Republic of China(Draft)was promulgated and the Fourth Amendment of the Copyright Law.This chapter argues that a systematic revision of relevant laws is possible.