Present and Past of the Rules of Online Service Provider’s Copyright Liability in Taiwan

Present and Past of the Rules of Online Service Provider’s Copyright Liability in Taiwan

 

Title
Present and Past of the Rules of Online Service Provider’s Copyright Liability in Taiwan
Author
Hsin-An Yao
Keywords
Online Service Provider, Grokster, ezPeer, Kuro, Kupeer, Foxy, Inducement Liability, Online Copyright Infringement Limitation
Abstract
Copyright issues of online service providers (OSP) have long been critical to
all circles in recent years. On the model of the U.S. Supreme Court’s case – MGM
v. Grokster, there had been a succession of legislative enactments on OSPs’ copyright
liability in many countries around the world since 2005, and Taiwan was no
exception. By consulting the decision of Grokster, the Taiwanese Legislative Yuan
added the provisions of “inducement liability” in 2007. Two years later, the Legislative
Yuan again imported the Online Copyright Infringement Liability Limitation
Act (OCILLA) from the U.S. to establish a safe harbor for OSPs in the newlyadded
Chapter 6-1 of the Taiwanese Copyright Act. This article is an attempt to
observe the development and practice of the rules of OSPs copyright liability in
Taiwan, to examine the application of those rules in legal practice, to analyze the
reasonableness of the past legislations, and to further bring forth suggestions through the introduction and discussion of the key cases in Taiwan in the recent
five years, including ezPeer, Kuro, Kupeer, and Foxy.
Abstract Article

4 Downloads

24 Downloads

Leave a Reply

Your email address will not be published.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