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摘 要：数据显示，不同形式的网络版权侵权行为正在急速增长，而这些侵权案件也正日益成为互联网服务提供商的负担。本文通过讨论互联网服务提供商的职能和网络版权的主要特点，认为互联网服务提供商要加强自身的技术管理能力，同时提高网络版权保护的责任。通过介绍美国和韩国的相关经验也可以看出，政府在相关立法方面也扮演着重要角色。2006年颁布的《信息网络传播权保护条例》和2010年开始实施《侵权责任法》是一个巨大的进步，它们更明确地对互联网服务提供商的权利与义务进行了规范。
关键词：互联网服务提供商；网络版权；保护；法律责任
Comment on the Liability of ISP in Protection of Internet Copyright
Abstract: Statistics show that the increasing infringement on the net copyright by various means and the increasing number of those cases become a burden to the sound use of the Internet Service Provider (ISP). By viewing the functions of ISP and major features of internet copyright, this paper considers that ISP itself can strengthen its technical management and responsibility in the copyright protection. Experiences from the U.S and South Korea indicate that government also plays an important role in its legislation and the enactment of Protections Rules for the Right to the Information Internet Diffusion in 2006 and Tort Responsibility Law implemented from 2010 is a big progress in this field and further defines the rights and responsibilities of ISP.
Key Words: ISP, internet copyright;protection,; liability
The 25th Statistics Report on the Development Status of China Internet (hereinafter called Report) issued by China Internet Network Information Centre(CNNIC), shows that by the end of December 2009 the number of net citizens amounted to 0.384 billion, with the growth rate of 28.9%.①Five major net applications are net music, current information, net films, net news, search engines, and it is worth to be mentioned that one key purpose of its use is to gain information. Net information sources enter the life of an average life or family by different ways or means. They bring us with lot of information and conveniences, but at the same time, tort issues are becoming more and more fierce. According to the Draft of China Civil Code concerning the tort act, the concept of net tort can be defined as "an act which by means of net infringes upon other person's civil rights and interests." Accordingly, tort acts are usually taken through internet. At present, net torts from the characteristics and tort phenomenon, are represented by the following means: 1. Infringing copyright; 2. infringing fame; 3. infringing privacy; 4. infringing net domain name.
Cases such as "The first case of China's Blog", "The first case of Cyber Manhunt", "Baidu", "Yahoo", "AIDS lady", or copyright disputes resulted from the P2P document share case, evidenced that net tort is becoming a serious issue, and the net use has become a severely afflicted area of infringing. To strengthen the protection of net copyright, to purify the cyber space, our National Copyright Bureau, the Ministry of Public Security, and the Ministry of Industry and Information started in August 2009 a special project to address serious tort problems. And by the end of 20th November 2009, according to some statistics, there were about 3024 key websites under surveillance and 541 net tort infringe cases were handled and 362 illegal websites shut down by administrative branches of copyright bureau, public security and industrial and information ministry at different levels.②
Today, ways of infringing the copyright and the afflicted subjects connected to the net are tending to be various. In China, there are following major categories of cases. 1. net copyright infringing cases by plagiarism. The infringed contents involve characters, pictures, photos and tort persons usually committed their offences by downloading the original works, net diffusing classic works, transloading works. Some tort cases are also related with the web designs, webpage identities, styles, colors, channel names. 2. Cases resulted from infringing soft ware works. 3. Cases involved the data base infringement. 4. Web linking cases concerning copyright infringement. 5. Infringement cases concerning the MP3.
Some statistics reveal that the number of cases about net copyright infringement is increasing, and from 2005 to 2009, the number of such cases accounted for 40% among all the cases, and 65% to 70% among all the copyright cases along the southeast coast including Beijing, Shanghai, as well as Guangdong.③
Chen Mianchuan, the Chief Judge of the Copyright Adjudication of Beijing High People's Court said that "in 2008 the the copyright division of Beijing Haidian People's Court handled 1586 cases among which 1035 cases were about net infringement accounting for 65.3%, two times of the cases handled in 2007. These cases involved video share websites, local area network diffusing film works, the use of digital library, among which web video disputes occupied the most part." He further illustrated that from January to September in 2009, Haidian court handled 1920 copyright cases, concerning more than 700 video share website cases.④
The government's strengthening its combat in this field shows that there is still a long way for us to protect the net copyright. Therefore, some argue that the Internet Service Providers ("ISPs") should play a more important role in managing their networks.
Ⅰ。The Definition of the Internet Service Provider (ISP)
Internet Service Provider (ISP), in the broad sense refers to the information provider or intermediary services worker whose services include offering web technology, providing facilities, and uploading information. In the narrow sense, ISP stand for the web service facilitator, a subject offering web information and diffusing intermediary services, e.g., a web intermediary facilitator. Some scholars classified ISP into 5 kinds: 1. Internet Access Provider (IAP); who offers its service to the mainland telecommunications, such as Tietong; 2. Internet Platform Provider (IPP), whose business covers such areas as offering email boxes, blogs, forums; 3.Internet Content Provider (ICP); 4. Internet Technology Service Provider, who offers to its internet users soft technology, web searching, or linking; 5. Comprehensive Internet Service Provider, such as Sino, Sohu, QQ websites. Today, more internet service providers are heading toward this direction.
There are 2 features of internet service providers: 1. intermediary of the service, e.g., they only provide the space for information storage and exchange, and support technology. Unless interference by the management personnel, they do not really play the role of selecting and deciding the spreading and transmitting the user's information; 2. automation of technology service, which is equal to all the information, not specific to certain group of people. From the function of the providers in diffusing information, we can see that providers only provide their users with internet space and technology intermediary services, and play the role of mediator.
Ⅱ。Multiplex Difficulties of the Internet Copyright Protection
Experts indicate that internet copyright is a new kind of copyright, which includes the rights to publication, revision, performance and the spreading information on the net. Internet copyright has 4 features: 1. the high speed of the spread of the work, and the great influence of area. 2. the rich and various contents of works. Not only Sina, Google, Apple, but also some e-companies and even GM provide users with all kinds of services. The appearance of new business also bring with more rich and colorful works. 3. Internet technology and the operation mode bring about great challenges to the copyright protection: the difficulty to determine the infringing acts; formlessness of internet infringement; the collectiveness of infringement; nonprofit of the infringement purpose; the status of the right to the work and complexity and disorder of the market, and the distribution right to the audio-video works. These features add to another level of difficulty to protect the internet copyright.
Ⅲ。The Reasonable Check and Regulation Responsibility of ISP
Based on the ISP's internet platform function, some said that ISP can take some measures to protect the copyrights: the technology to control the amount of the visit and its use of the work. These measures are as e-watermark, digital signature, and the check and regulation of the publications. Effective government of the networks can prevent the infringement of copyright.
As to the check and regulation, the judiciary in the mainland generally considers that ISP cannot play the function of checking the related news or information until it appears on the webpage. But according to some provisions such as Internet E-public-notice Service Government, Internet Information Service Management Methods, if ISP find there occurs in its service system some information about the insult, defamation as well as infringement of other person's lawful rights, it is of its duty to delete and record the information and report to the concerned administrative organs. There must be some objective standard to determine whether ISP commits its responsibility. But at the same time because of the fact that internet names can no be the defendant and it is hard to determine the identity of the real author, some posts and blog speeches should be accused, as a result not the author of the act but the management is filed against before the court on the ground that the provider does not delete the content on the web and let it go freely on the web and cannot play the proper role of check and regulation.
Ⅳ。International Experiences to Strengthen the Liability of ISP in Protection of Internet Copyright
Experiences from the U.S
From 1993, Clinton's administration urged ITIF to push forward the development and application of information technology in the whole country. This institution issued in September 1995 Intellectual Property and National Information Facilities (white paper), which serves as a declamation to protect the intellectual property and the product to solve various conflicts of interests. It emphasizes the equation between the users and the interest persons. It tries to ensure the spread of the valuable information on the net but at the same time to protect the lawful rights and commercial prospects of the protected. Ever since then, the U.S made some provisions and added some details in its implementation, such as, if not allowed, nobody can download music, films, games, softs. If someone wanted to copy some references from the web, one has to pay the fees.
Experiences from South Korea
South Korea set up copyright information center. It by classifying different sorts of works on the internet founded several different monitoring teams whose major functions are: support and protect audiovisual products, Comic and Animation, games, publications; help the creditor to realize their rights to the works, aiming at reducing the copyright infringement.
Ⅴ。China's Efforts to Strengthen the Liability of ISP in Protection of Internet Copyright
Copyright Law of People's Republic of China was enacted in 1990 when there was little concern about the internet copyright protection because of the limitation of the computers. After the first case concerning the web infringement, our government began to probe into this new problem and the measure to protect the internet copyright. The Supreme People's Court worked out related judiciary interpretations as a guideline for the whole country. Some rules were adopted by the legislature.
By the end of 2000, the Supreme People's Court, based on the new issues on the protections of internet copyright, and for the purpose of governing and facilitating web business, issued Interpretations of the Several Legal Issues When Handling Computer-internet Copyright Dispute Cases (Interpretations). Interpretations clearly define that all kinds of digital works are under the protection of copyright law, under what conditions that ISP constitute the infringement, and what jurisdictions can hear what kinds of internet copyright disputes. Interpretations are highly appraised and even compared with American Copyright law.
The revision of Copyright Law in 2001, added information internet diffusion right although it does not directly make digitalization as the scope that the author can enjoy the right to the copy.
In late 2003, judicial interpretations made some revisions by adding the provision to the ISP, which is to the effect that if ISP offers some method, equipment, or materials which can evade or damage the protection of copyright, it can constitute the civil tort. Interpretations also define 4 acts and 4 acts of omissions that ISP commits a tort act.
In 2006, the State Council issued Protections Rules for the Right to the Information Internet Diffusion, according to which ISP can be accused of its responsibility based on the conditions of the knowledge and nonknowlege of the ISP. If ISP does not know the bad consequences of the publication on the net, but later when it is informed, it has the duty to delete the infringement content, shut down the linkage of the torted work, performance, records, etc.
Article 36 of Tort Responsibility Law implemented from 2010 provides that ISP should shoulder the responsibility of tort if it infringes other persons' rights and interests. The afflicted persons have the right to inform the ISP to take measures to delete, shield, cut off the linking. If ISP when informed does not take necessary measures to protect the afflicted persons, it will have the burden of responsibility to the damaged part.
From the above discussion, it is easy to see that both foreign countries and China made some provisions to ISP to regulate and control the internet infringement. They by laying down some responsibilities further ensure the implementation of the duty of ISP.
Ⅵ。Drawbacks about the Liability Provisions of ISP in Tort Responsibility Law
In defining the responsibility of ISP, though the Tort Responsibility Law adopted the principle of fault responsibility, there is no clear defining standard. According to this principle, the ISP only burden the tort liability under the circumstance of refusing deleting the tortuous information while knowing or should-knowing the existence of infringement conducted by the network user. But the key point is that there is no clear demarcation between know and should-know. Article 15 and 23 of Tort responsibility Law provide that ISP has the duty to delete the tortuous information if it has been notified by the infringed. Thus we can say that whether the ISP has been notified is the way of deciding whether it knows. But these articles do not further deal with the issue how to determine should-know.
Article 36(1,3) provide that ISP should hold the full responsibility to its infringement. The question is that if a search engine has the duty to check all the information since the net news is great, there is no doubt to enlarge its business costs which in turn interferes with the smooth development of ISP.
Moreover, article 36(2,3) provide that ISP should take the joint liability with the internet user. This joint liability will force the ISP narrow its free internet expression space which in turn prohibits the audience from knowing, participating, expressing and regulating.
Ⅶ Conclusion
The implementation of Tort Responsibility Law is a progress to protect the internet copyright but we should be cautious to define the tort liability of ISP. Reasonable and clear responsibility regulations of the ISP are the basis of carrying out its activities and also the basis to regulate its networks. Internet is a new industry by which people can enjoy lot of useful information on the net. ISP should be instructed to be self-disciplined to protect the lawful rights and interests of the authors. At present, some ISPs has already stated its rights and liabilities in its service article and also made clearly the duty to the internet users. According to my opinion, this is not only a good way of eliminating the ISPs' risk of infringement but also set up a fine environment for information dissemination and communication. In a word, it is desirable for the ISP to manage the networks and it will play a more important role in regulating internet information and reducing the copyright infringement under the reasonable liability regulation.
comments
①http://tech.qq.com/a/20100115/000293.htm.
②http://www.21sb.com/news/news_zw.aspx?newsId=20091222135050689&classId=89.
③http://news.xinhuanet.com/fortune/2010-01/12/content_12794252.htm.
④http://www.chinanews.com.cn/it/news/2010/01-12/2067826.shtml.
Bibliography：
[1]XU Wei, A Discussion of Internet Infringement in Tort Liability Law, the Journal of Xiangyang Institute of Information Technology, Vol. 9, No. 1, Jan. 2010,
[2]WEI Ying, A Study on Network Service Providers' Copyright Infringement and Legal Liability, Journal of Lanzhou Institute of Education, Vol. 26,No.1, Jan. 2010,
[3]唐先锋，王洪宇，等.特殊领域侵权行为专题研究[M]. 法律出版社，2008.
[4]赵封.网络服务提供者侵权责任研究[D].硕士学位论文.中国优秀硕士论文全文数据库. 西南财经大学，2007
[5]方兴东:《百度败诉是互联网产业、全体网民的败诉》,http: //column. bokee. com /91024. html。
作者简介：贺小丽（1980.4-），女，陕西咸阳人，西北政法大学外国语学院讲师，硕士，研究方向：法律英语。
关键词：互联网服务提供商；网络版权；保护；法律责任
Comment on the Liability of ISP in Protection of Internet Copyright
Abstract: Statistics show that the increasing infringement on the net copyright by various means and the increasing number of those cases become a burden to the sound use of the Internet Service Provider (ISP). By viewing the functions of ISP and major features of internet copyright, this paper considers that ISP itself can strengthen its technical management and responsibility in the copyright protection. Experiences from the U.S and South Korea indicate that government also plays an important role in its legislation and the enactment of Protections Rules for the Right to the Information Internet Diffusion in 2006 and Tort Responsibility Law implemented from 2010 is a big progress in this field and further defines the rights and responsibilities of ISP.
Key Words: ISP, internet copyright;protection,; liability
The 25th Statistics Report on the Development Status of China Internet (hereinafter called Report) issued by China Internet Network Information Centre(CNNIC), shows that by the end of December 2009 the number of net citizens amounted to 0.384 billion, with the growth rate of 28.9%.①Five major net applications are net music, current information, net films, net news, search engines, and it is worth to be mentioned that one key purpose of its use is to gain information. Net information sources enter the life of an average life or family by different ways or means. They bring us with lot of information and conveniences, but at the same time, tort issues are becoming more and more fierce. According to the Draft of China Civil Code concerning the tort act, the concept of net tort can be defined as "an act which by means of net infringes upon other person's civil rights and interests." Accordingly, tort acts are usually taken through internet. At present, net torts from the characteristics and tort phenomenon, are represented by the following means: 1. Infringing copyright; 2. infringing fame; 3. infringing privacy; 4. infringing net domain name.
Cases such as "The first case of China's Blog", "The first case of Cyber Manhunt", "Baidu", "Yahoo", "AIDS lady", or copyright disputes resulted from the P2P document share case, evidenced that net tort is becoming a serious issue, and the net use has become a severely afflicted area of infringing. To strengthen the protection of net copyright, to purify the cyber space, our National Copyright Bureau, the Ministry of Public Security, and the Ministry of Industry and Information started in August 2009 a special project to address serious tort problems. And by the end of 20th November 2009, according to some statistics, there were about 3024 key websites under surveillance and 541 net tort infringe cases were handled and 362 illegal websites shut down by administrative branches of copyright bureau, public security and industrial and information ministry at different levels.②
Today, ways of infringing the copyright and the afflicted subjects connected to the net are tending to be various. In China, there are following major categories of cases. 1. net copyright infringing cases by plagiarism. The infringed contents involve characters, pictures, photos and tort persons usually committed their offences by downloading the original works, net diffusing classic works, transloading works. Some tort cases are also related with the web designs, webpage identities, styles, colors, channel names. 2. Cases resulted from infringing soft ware works. 3. Cases involved the data base infringement. 4. Web linking cases concerning copyright infringement. 5. Infringement cases concerning the MP3.
Some statistics reveal that the number of cases about net copyright infringement is increasing, and from 2005 to 2009, the number of such cases accounted for 40% among all the cases, and 65% to 70% among all the copyright cases along the southeast coast including Beijing, Shanghai, as well as Guangdong.③
Chen Mianchuan, the Chief Judge of the Copyright Adjudication of Beijing High People's Court said that "in 2008 the the copyright division of Beijing Haidian People's Court handled 1586 cases among which 1035 cases were about net infringement accounting for 65.3%, two times of the cases handled in 2007. These cases involved video share websites, local area network diffusing film works, the use of digital library, among which web video disputes occupied the most part." He further illustrated that from January to September in 2009, Haidian court handled 1920 copyright cases, concerning more than 700 video share website cases.④
The government's strengthening its combat in this field shows that there is still a long way for us to protect the net copyright. Therefore, some argue that the Internet Service Providers ("ISPs") should play a more important role in managing their networks.
Ⅰ。The Definition of the Internet Service Provider (ISP)
Internet Service Provider (ISP), in the broad sense refers to the information provider or intermediary services worker whose services include offering web technology, providing facilities, and uploading information. In the narrow sense, ISP stand for the web service facilitator, a subject offering web information and diffusing intermediary services, e.g., a web intermediary facilitator. Some scholars classified ISP into 5 kinds: 1. Internet Access Provider (IAP); who offers its service to the mainland telecommunications, such as Tietong; 2. Internet Platform Provider (IPP), whose business covers such areas as offering email boxes, blogs, forums; 3.Internet Content Provider (ICP); 4. Internet Technology Service Provider, who offers to its internet users soft technology, web searching, or linking; 5. Comprehensive Internet Service Provider, such as Sino, Sohu, QQ websites. Today, more internet service providers are heading toward this direction.
There are 2 features of internet service providers: 1. intermediary of the service, e.g., they only provide the space for information storage and exchange, and support technology. Unless interference by the management personnel, they do not really play the role of selecting and deciding the spreading and transmitting the user's information; 2. automation of technology service, which is equal to all the information, not specific to certain group of people. From the function of the providers in diffusing information, we can see that providers only provide their users with internet space and technology intermediary services, and play the role of mediator.
Ⅱ。Multiplex Difficulties of the Internet Copyright Protection
Experts indicate that internet copyright is a new kind of copyright, which includes the rights to publication, revision, performance and the spreading information on the net. Internet copyright has 4 features: 1. the high speed of the spread of the work, and the great influence of area. 2. the rich and various contents of works. Not only Sina, Google, Apple, but also some e-companies and even GM provide users with all kinds of services. The appearance of new business also bring with more rich and colorful works. 3. Internet technology and the operation mode bring about great challenges to the copyright protection: the difficulty to determine the infringing acts; formlessness of internet infringement; the collectiveness of infringement; nonprofit of the infringement purpose; the status of the right to the work and complexity and disorder of the market, and the distribution right to the audio-video works. These features add to another level of difficulty to protect the internet copyright.
Ⅲ。The Reasonable Check and Regulation Responsibility of ISP
Based on the ISP's internet platform function, some said that ISP can take some measures to protect the copyrights: the technology to control the amount of the visit and its use of the work. These measures are as e-watermark, digital signature, and the check and regulation of the publications. Effective government of the networks can prevent the infringement of copyright.
As to the check and regulation, the judiciary in the mainland generally considers that ISP cannot play the function of checking the related news or information until it appears on the webpage. But according to some provisions such as Internet E-public-notice Service Government, Internet Information Service Management Methods, if ISP find there occurs in its service system some information about the insult, defamation as well as infringement of other person's lawful rights, it is of its duty to delete and record the information and report to the concerned administrative organs. There must be some objective standard to determine whether ISP commits its responsibility. But at the same time because of the fact that internet names can no be the defendant and it is hard to determine the identity of the real author, some posts and blog speeches should be accused, as a result not the author of the act but the management is filed against before the court on the ground that the provider does not delete the content on the web and let it go freely on the web and cannot play the proper role of check and regulation.
Ⅳ。International Experiences to Strengthen the Liability of ISP in Protection of Internet Copyright
Experiences from the U.S
From 1993, Clinton's administration urged ITIF to push forward the development and application of information technology in the whole country. This institution issued in September 1995 Intellectual Property and National Information Facilities (white paper), which serves as a declamation to protect the intellectual property and the product to solve various conflicts of interests. It emphasizes the equation between the users and the interest persons. It tries to ensure the spread of the valuable information on the net but at the same time to protect the lawful rights and commercial prospects of the protected. Ever since then, the U.S made some provisions and added some details in its implementation, such as, if not allowed, nobody can download music, films, games, softs. If someone wanted to copy some references from the web, one has to pay the fees.
Experiences from South Korea
South Korea set up copyright information center. It by classifying different sorts of works on the internet founded several different monitoring teams whose major functions are: support and protect audiovisual products, Comic and Animation, games, publications; help the creditor to realize their rights to the works, aiming at reducing the copyright infringement.
Ⅴ。China's Efforts to Strengthen the Liability of ISP in Protection of Internet Copyright
Copyright Law of People's Republic of China was enacted in 1990 when there was little concern about the internet copyright protection because of the limitation of the computers. After the first case concerning the web infringement, our government began to probe into this new problem and the measure to protect the internet copyright. The Supreme People's Court worked out related judiciary interpretations as a guideline for the whole country. Some rules were adopted by the legislature.
By the end of 2000, the Supreme People's Court, based on the new issues on the protections of internet copyright, and for the purpose of governing and facilitating web business, issued Interpretations of the Several Legal Issues When Handling Computer-internet Copyright Dispute Cases (Interpretations). Interpretations clearly define that all kinds of digital works are under the protection of copyright law, under what conditions that ISP constitute the infringement, and what jurisdictions can hear what kinds of internet copyright disputes. Interpretations are highly appraised and even compared with American Copyright law.
The revision of Copyright Law in 2001, added information internet diffusion right although it does not directly make digitalization as the scope that the author can enjoy the right to the copy.
In late 2003, judicial interpretations made some revisions by adding the provision to the ISP, which is to the effect that if ISP offers some method, equipment, or materials which can evade or damage the protection of copyright, it can constitute the civil tort. Interpretations also define 4 acts and 4 acts of omissions that ISP commits a tort act.
In 2006, the State Council issued Protections Rules for the Right to the Information Internet Diffusion, according to which ISP can be accused of its responsibility based on the conditions of the knowledge and nonknowlege of the ISP. If ISP does not know the bad consequences of the publication on the net, but later when it is informed, it has the duty to delete the infringement content, shut down the linkage of the torted work, performance, records, etc.
Article 36 of Tort Responsibility Law implemented from 2010 provides that ISP should shoulder the responsibility of tort if it infringes other persons' rights and interests. The afflicted persons have the right to inform the ISP to take measures to delete, shield, cut off the linking. If ISP when informed does not take necessary measures to protect the afflicted persons, it will have the burden of responsibility to the damaged part.
From the above discussion, it is easy to see that both foreign countries and China made some provisions to ISP to regulate and control the internet infringement. They by laying down some responsibilities further ensure the implementation of the duty of ISP.
Ⅵ。Drawbacks about the Liability Provisions of ISP in Tort Responsibility Law
In defining the responsibility of ISP, though the Tort Responsibility Law adopted the principle of fault responsibility, there is no clear defining standard. According to this principle, the ISP only burden the tort liability under the circumstance of refusing deleting the tortuous information while knowing or should-knowing the existence of infringement conducted by the network user. But the key point is that there is no clear demarcation between know and should-know. Article 15 and 23 of Tort responsibility Law provide that ISP has the duty to delete the tortuous information if it has been notified by the infringed. Thus we can say that whether the ISP has been notified is the way of deciding whether it knows. But these articles do not further deal with the issue how to determine should-know.
Article 36(1,3) provide that ISP should hold the full responsibility to its infringement. The question is that if a search engine has the duty to check all the information since the net news is great, there is no doubt to enlarge its business costs which in turn interferes with the smooth development of ISP.
Moreover, article 36(2,3) provide that ISP should take the joint liability with the internet user. This joint liability will force the ISP narrow its free internet expression space which in turn prohibits the audience from knowing, participating, expressing and regulating.
Ⅶ Conclusion
The implementation of Tort Responsibility Law is a progress to protect the internet copyright but we should be cautious to define the tort liability of ISP. Reasonable and clear responsibility regulations of the ISP are the basis of carrying out its activities and also the basis to regulate its networks. Internet is a new industry by which people can enjoy lot of useful information on the net. ISP should be instructed to be self-disciplined to protect the lawful rights and interests of the authors. At present, some ISPs has already stated its rights and liabilities in its service article and also made clearly the duty to the internet users. According to my opinion, this is not only a good way of eliminating the ISPs' risk of infringement but also set up a fine environment for information dissemination and communication. In a word, it is desirable for the ISP to manage the networks and it will play a more important role in regulating internet information and reducing the copyright infringement under the reasonable liability regulation.
comments
①http://tech.qq.com/a/20100115/000293.htm.
②http://www.21sb.com/news/news_zw.aspx?newsId=20091222135050689&classId=89.
③http://news.xinhuanet.com/fortune/2010-01/12/content_12794252.htm.
④http://www.chinanews.com.cn/it/news/2010/01-12/2067826.shtml.
Bibliography：
[1]XU Wei, A Discussion of Internet Infringement in Tort Liability Law, the Journal of Xiangyang Institute of Information Technology, Vol. 9, No. 1, Jan. 2010,
[2]WEI Ying, A Study on Network Service Providers' Copyright Infringement and Legal Liability, Journal of Lanzhou Institute of Education, Vol. 26,No.1, Jan. 2010,
[3]唐先锋，王洪宇，等.特殊领域侵权行为专题研究[M]. 法律出版社，2008.
[4]赵封.网络服务提供者侵权责任研究[D].硕士学位论文.中国优秀硕士论文全文数据库. 西南财经大学，2007
[5]方兴东:《百度败诉是互联网产业、全体网民的败诉》,http: //column. bokee. com /91024. html。
作者简介：贺小丽（1980.4-），女，陕西咸阳人，西北政法大学外国语学院讲师，硕士，研究方向：法律英语。