Introduction介绍
Background 背景
信息时代和网络时代以各种方式造福了全世界的人们。互联网服务提供商（ISP），在各种形式的存在，使我们能够免费获得一个信息世界。我们接触到的内容访问和丰富的便利性是惊人的：我们只需要输入百度，谷歌或Bing一个关键词，我们只需点击即可到几十万的材料，我们找到有用的，不超过1秒了。搜索引擎服务，媒体网站，社交媒体等的市场如此快速发展，使得几乎没有企业不具有多个在线业务。此外，领先的营销和媒体现在都知道的“内容”的重要意义，在各种形式制作了广泛的受众材料的感觉。好的内容，比如一块的副本吸引了众多消费者，还是一个很好的剧本，使一个获奖影片，就是最赚钱的市场，最重要的事情。然而，当市场需求激增和广阔的经济利益发挥作用，一系列的法律问题也浮出水面。最突出的这些都涉及到互联网服务提供商著作权侵权纠纷案件。这种情况下，在发达国家迅速增加，都发展中国家，但是，似乎立法当前正在使用不充分，以解决这些问题。虽然国家保护知识产权，如美国历史悠久，有更详细的法律法规来处理侵权案件，也似乎是在网络侵权空白。最近才成为相当关于网络侵权日益严重的国家苦于缺乏全面系统的多。
The age of information and internet has benefited people all over the world in various ways. Internet Service Providers (ISPs), in their various forms of existence, enable us to access a world of information for free. The convenience of access and abundance of content we are exposed to are amazing: we need only input a key word in Baidu, Google or Bing, and we are only one click away to hundreds of thousands of materials we find useful, in no more than one second too. The market of search engine services, media websites, social media and so onare developing so fast so that there are almost no business that does not have multiple online presence.Furthermore, leading marketers and media nowadays are all aware of the significance of “content”, in the sense of materials produced in all kinds of forms for a wide range of audience. Good content, such as a piece of copy that attracts consumers, or a good script that makes a winning film, is the most important thing to the most lucrative markets.
However, when market demand surges and vast financial interests come into play, a series of legal problems also emerge. The most salient of which are copyright infringement dispute cases related to ISPs. Such cases are rapidly increasing in developed countries and developing countries alike, however, and legislationsthat are currently in use seems to be insufficient to address these problems. Although countries with a long history of protecting intellectual properties, such as the US, have more elaborate laws and regulations to deal with infringement cases, there seem to be blanks in internet infringement. Countries that only quite recently became more and more serious about online infringement suffer more from the lack of a comprehensive system.
Table of Contents目录
Compare ISP liability for copyright infringement in China with USA 1
Introduction 1
Literature review 2
Direct infringement 7
Vicarious liability: 10
Contributory liability: 11
Protection for ISP 13
Case reviews 14
Conclusion 15
Conclusion总结
After a thorough comparison conducted between the ISP liability laws and regulations of China and US, we can almost intuitively argue that Chinese relevant laws are at a much more basic level and is in urgent need to catch up with the requirement of business and society. The cost of intellectual property violation is high enough. Fortunately, IP law is naturally international. What has been more established in the US can be, with reasonable adaptations, applied to China, in order to address the need for IP protection for both foreign companies and Chinese companies.
China has already borrowed some legal framework to build its own, as we have seen in the thesis. However, there are a few notes that China need to get pushing. Firstly, ISPs' copyright liability should establish its legal presence in the highest order of China’s law system, for example to be edited in the China Copyright Law. Secondly, courts should improve in unanimity regarding standards and interpretations. And finally, China does not recognize vicarious liability at present, adding to the complexities in categorizing lawsuits and how to try them. US experience in vicarious liability is valuable to learn from.It can be seen that China doesn’t have definite rule about how to judge liability and doesn’t have its own principle for different subjects. Furthermore, it didn’t regulate the presumption of know the infringement. Thus, it caused some ISPs escape their contributory liability. Ther
