Research On The Copyright Duty Of Network Service Provider

With the booming development of the Internet industry,network infringement disputes increase day by day.However,due to the particularity of the service provided by Internet service providers(ISPs),judicial practice often fails to form a unified judgment standard for such disputes,resulting in the imbalance of rights and obligations of all parties,and bringing unprecedented challenges to copyright protection.Because of the hidden nature of Internet infringement,it is difficult for right holders to hold direct infringers accountable,which leads to the concentration of liability subjects on ISP.Whether and how much responsibility they should bear often become the key to judicial practice.If the responsibility is assumed,how to maintain the delicate balance between the Internet freedom of users and the technological innovation of ISP is also a test of the wisdom of lawmakers and judges.This paper starts from the concept of ISP and duty of care connotation and judgment criteria have a clear qualitative;Secondly,this paper takes the dispute cases of infringement of the right of network communication of works information as the research object,screens and sorts out the judicial status of the related cases in recent 10 years,summarizes the trial points of the court in such cases,and then finds the difficulties in judicial trial.That is to say,the application standard of duty of care is confused,the "notice-takedown" rule is fuzzy and rigid,and the algorithm recommendation breaks through the principle of "technology neutrality".As for the identification of existing ISP in copyright infringement,the United States’ Digital Millennium Copyright Act regulates repeated infringement,the European Union’s Digital Single Market Copyright Directive and Germany’s Copyright Service Provider Act impose "filtering obligations" on ISP,which can provide references for our reform.Specifically,the duty of care is defined as "general duty of care" and "higher duty of care" according to different degrees,the duty of care under the "notice-necessary measures" rule is improved,and the algorithm recommendation platform is given higher filtering and review obligations.In this way,it can not only provide a powerful systematic theory for legislators,but also provide an objective measurement standard for judicators.At the same time,human beings are beginning to enter the fourth Industrial Revolution period,which is just the right time for research.