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Research On Indirect Infringement Liability Of Internet Copyright

Posted on:2021-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:C Z ZhangFull Text:PDF
GTID:2506306518451884Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The vigorous development of the contemporary Internet not only provides users with efficient information services and comfortable experience.At the same time,the development of network technology and the innovation of business models pose new challenges to the protection of network copyright.How to balance industrial development and public interest protection is also a challenge.A topic worth discussing.This article will list typical cases,compare the characteristics of Chinese and foreign laws and combine the content of the newly issued "Civil Code Tort Liability" to reposition the problem of indirect copyright infringement in the network environment.Firstly,by expounding the basic theory of indirect infringement of network service entities,we can clarify the hot issues that are currently disputed.Secondly,through the newly promulgated "Civil Code Tort Liability" to see the current status of contemporary Chinese legislation,and to provide theoretical references for judicial practice through vertical comparison of the resolution mechanisms provided by different laws for indirect copyright infringements on the Internet.After screening the typical cases at home and abroad,sorting out the context of the case,and raising the focus of the dispute,it raises the remaining problems in the relevant legislative and judicial fields,such as difficulties in obtaining electronic evidence for the right holder,inconsistent compensation standards,and determination of subjective liability.Thirdly,it introduces the identification system of indirect infringement liability of network copyright in extraterritorial law,horizontally compares the advantages of Chinese and foreign laws,inspires the improvement direction of my country’s indirect infringement liability system of network copyright,and perfects the indirect infringement system of network copyright in my country.Finally,in combination with the newly promulgated "Civil Code" and the introduction of foreign network copyright indirect infringement liability systems,solutions to the current difficulties and problems in my country are proposed,including clarifying the subjective fault identification standards,improving the damage compensation system for indirect copyright infringements and solving indirect copyright infringements Difficulty in obtaining evidence and other issues,after regulating the infringement of network service entities,it can better promote the healthy development of network copyright.
Keywords/Search Tags:Indirect Infringement of Copyright, Liability for Infringement, Internet service provider, intellectual property
PDF Full Text Request
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