Research On The Determination Of Liability For Indirect Copyright Infringement Of Internet Service Providers

At present,with the rapid development of internet technology,how to protect the legitimate rights and interests of copyright owners in the internet environment has become a difficult problem.In the internet environment,the risk of copyright infringement faced by copyright owners does not only come from internet users,but internet service providers will also become the main body of copyright infringement.Copyright infringement includes two types: direct infringement and indirect infringement.Traditional infringement theory is not enough to solve the problem of indirect copyright infringement.Direct infringement of internet service providers is manifested in the initiative to provide copyrighted works for others,and indirect infringement is manifested in the act of providing help or instigation to the direct infringer,and help includes negligent assistance.Internet copyright infringement has the characteristics of concealment and widespread distribution.It is often difficult for copyright owners to identify direct infringers.Therefore,copyright owners are often more inclined to pursue the indirect infringement liability of internet service providers.Different from the United States and other countries,my country’s internet technology development started relatively late,and the relevant internet legislation is not yet complete.Although the promulgation of the "Civil Code of the People’s Republic of my country" has supplemented the problem of indirect infringement by internet service providers,a new "counter-notification" system has been added,and the subjective fault requirement of "should be known" has been clarified.However,my country’s indirect copyright infringement legal system has not yet been established.At present,there are four major problems in the identification of indirect copyright infringement of internet service providers in my country.First,the specific concept of indirect copyright infringement is not clear in the legislation.The root of this problem is that the current legislative system for indirect copyright infringement in my country is not yet complete.Second,the classification of internet service providers is not clear enough to clearly define the subject of infringement liability.Third,the imputation principle is not perfect,and it is difficult for copyright owners to defend their rights.Fourth,the lack of provisions on post-examination obligations makes it impossible to better balance the conflict of interests between copyright protection and the development of the internet industry.The resolution of these problems will also become the next goal of copyright-related legislation in the internet environment.In order to better solve these four problems,this article first starts with the basic concept of indirect copyright infringement of internet service providers and analyzes the different theories related to it.Secondly,it studies the current situation of the identification of indirect copyright infringement liability of Internet service providers in my country.Third,sum up the valuable experience that foreign indirect copyright infringement liability determination has been relatively mature and can be used for reference by our country’s legal system.Finally,based on the above research,we put forward feasibility suggestions for perfecting the indirect copyright infringement liability system of internet service providers in my country.