Study On The Determination Of Indirect Copyright Infringement By Internet Service Providers Y

Against the background of the rapid development of the Internet,the incidence of online infringement is also rising.With the diversification of online infringement acts,the infringing subjects not only include general users,sometimes the network service providers also have the possibility of infringing others’ copyrights.Whether network service providers can be requested to assume responsibility after the occurrence of indirect copyright infringement and what kind of responsibility they bear have been discussed in the academic circles,but there are still controversies.Therefore,it is particularly important to study the issue of indirect infringement of copyright by network service providers.This paper firstly introduces the concept and types of network service providers and how to identify indirect copyright infringement,and then elaborates the theoretical basis of indirect copyright infringement liability of network service providers,including fault-based theory,interest balance theory,danger control theory and social cost control theory.Secondly,the current legislative and judicial status of indirect copyright infringement by network service providers in China is highlighted,and the current problems in China are summarized through the analysis of the status quo,such as the imperfect system of fault liability determination,unclear fault determination of algorithmic recommendation,limitation of the application of the "safe harbor" rule,and the electronic evidence The system of notarial preservation needs to be improved.Then,we introduce the relevant legislation of the United States,the European Union,Canada and other representative countries in this field,and compare and summarize the valuable legislative experience worthy of our reference.Finally,on the basis of the overseas experience and the actual situation in China,we put forward feasible suggestions for improving the system of determining indirect copyright infringement of network service providers in China,hoping that the research in this paper can play a certain reference role for improving indirect copyright infringement of network service providers in China.