Research On Indirect Copyright Infringement Liability Of Internet Service Providers

With the rapid development of Internet technology,network communication has gradually replaced the traditional communication mode and become the main way of work communication.Compared with the traditional copyright infringement,the network copyright infringement has the remarkable characteristics of faster transmission speed and wider infringement scope,which makes the copyright protection of network works face great challenges.At present,the corresponding network infringement problems appear and are not individual cases.Network service providers play an irreplaceable important role,which can be reflected in network copyright infringement cases.There are many discussions in the academic circles about whether the network service provider should be required to bear the responsibility and what responsibilities should be borne after such cases occur.At present,there are still disputes about this.Therefore,from this perspective,it is of great practical significance to choose to study the indirect tort liability of network service providers.In the specific research,this paper first introduces the theory of indirect copyright infringement liability of network service providers,including control theory,interest balance theory,public policy theory,communication security obligation theory and fault theory.In addition,it also expounds what is the concept of network service providers and defines their types,discusses the types and specific constituent elements of indirect copyright infringement liability of network,and expounds the corresponding exemption reasons.Secondly,it focuses on the current legislative status of indirect copyright infringement liability of network service providers in China and the specific judicial practice.Through the analysis of the current situation in China,it summarizes the existing legislative loopholes in China,such as the unclear subject type,the principle of imputation needs to be improved,the standard of indirect infringement in judicial practice has not been unified,and then introduces the United States,the European Union The legislation of Germany and other representative countries in this field compares and summarizes the valuable legislative experience of foreign countries that is worthy of our reference.Finally,we hope to provide some suggestions on how to improve the legislation and practice of indirect copyright infringement providers in China.