The Judicial Practice And Adjustment Of ISPs’ Obligation To Prevent Online Copyright Infringements

The increase in the number of online copyright infringement is significant all over the country these years.Courts have increasingly emphasized that Internet Service Provider(ISP)should take reasonable measures to prevent infringements,the trend has shown that high duty of care were required in judicial practice.In recent years,the European Union has legislated to amend the safe harbor rules,which has set off a wave of discussions around the world.The United States has also discussed it but has not amended the law.The thesis uses the method of case analysis,comparative research and normative analysis to study the related issues of ISPs’ obligation to prevent online copyright infringement.The thesis finds that the standards for determining the rationality of preventing infringements are different,some courts have recognized the controversial measures such as filtering,and duty of care is moving closer to prior review.There are two reasons for it.First,the relevant regulations on the duty of care are vague,and the presupposition of the current safe harbor rules has changed with the technological innovation.Second,there is a referee tendency to increase the duty of care,and the courts recognized the filtering measures through the method of interest measurement and purpose interpretation.Combining the practice of the European Union and the United States,after examining the relevant background and disputes of their choices,it is suggested that to clarify the necessary measures stipulated in Article1195 of the Civil Code include infringement measures,and to clarify the obligation of ISPs to prevent infringements,and at the same time promote the clear standards for determining the rationality of preventing infringement measures,considering the possible damage caused by infringement and the degree of infringement risk and the investment cost of taking measures.