Internet Service Provider Liability for Subscriber Copyright Infrigement

Internet Service Provider Liability for Subscriber Copyright Infrigement

 

Title
Internet Service Provider Liability for Subscriber Copyright Infrigement
Author
Hui-Fang Tsai
Keywords
direct liability, contributory liability, vicarious liability, accomplice, perpetrators, omissions
Abstract
The liability of internet service provider (ISP) is perhaps the most
controversial legal issue to emerge from cyberspace. The purpose of this paper is
to explore the general principles as to whether there should be civil and criminal
liability for ISP concerning subscriber copyright infringement. An in-depth
treatment of case study is beyond the scope of this paper. The first section
provides an overview of the doctrine of ISP copyright infringement liability in
America, followed by the introduction of judicial decisions, opinions of scholars
and new legislation. Focusing on criminal liability that could be imposed upon
ISP for copyright infringement initiated by subscribers, the second section seeks
to illustrate the observation that the individuals who post copyright infringement
materials act as principals in the first degree, and ISP would qualify as an
accomplice, principal in the second degree, or accessory to the crimes.
Furthermore, this section discusses in turn the qualifications for the perpetrators
and accomplices. Finally, the third section reviews the current Taiwan tort and
criminal law and its application to ISP and concludes that the Taiwan copyright
law should make specific provision for ISP liability.
Abstract Article

8 Downloads

31 Downloads

Leave a Reply

Your email address will not be published. Required fields are marked *