Title: Several Issues Relating to ISPs’Responsibility for the Third-party’s Infringement
Abstract: Online service providers are some companies or individuals who offer the transmission, routing or providing of connections for digital online communications between Internet subscribers. Whether ISPs is responsible for infringement of a third-party through ISPs’ computer system, which is topic of this paper .After analyzing leading cases and legislations of some countries ,especially the USA, it concludes that the criterion of liability is changed from strict liability to negligence liability. The author thinks that this change depends on the equitable protecting theory .The DMCA of the USA is a good example in establishment of criterion of liability in this respect The paper introduces some good experience and legal provision of the DMCA . According to situation in the judicial interpretation of Supreme Court of China, the author gives some constructional legislative opinions in order to promote the development of the Internet’s economy.
Publication Year: 2005
Publication Date: 2005-01-01
Language: en
Type: article
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