On the Test of "the Substantial Non-Infringing Use"
|School||East China University of Political Science|
|Keywords||Indirect Infringement Substantial non- infringing uses Duty of care|
\The challenges brought about by the network technology to China's copyright system, discuss the value and meaning of this standard in the current environment of high practical significance. This article expounded at length \The introductory section briefly describes the etymology of \The combination of the different national conditions of China and the United States, I pointed out the development direction of the discussion and application of this standard in compliance with our copyright system. The first chapter from the point of view of the costs and benefits of institutional economics to evaluate on a few basic legal concepts, such as copyright, direct infringement, indirect infringement. The author believes that the positive effect of the copyright is given of monopoly rights, to encourage them to engage in the creation and dissemination of literary and artistic works; negative effect is that the public get pass works, caused by the limitations and restrictions of freedom to express thoughts, etc. Copyright incentives without failure in order to pursue the positive effects of the Copyright Act established a system of indirect infringement. Avoid impeding technological progress and cultural transmission in order to suppress the negative effects of copyright law need to address the issues of indirect infringement should be fine and the fault of the scope of the theory which is the traditional civil law. In other words, the standard of \The second chapter explains the origin of the \I believe that this standard reflects the efforts of the balance of copyright protection and technological progress of the United States Court of two social interests, and the history of the development of the United States in the past 20 years the copyright system proved the positive effect of this effort is evident. The core of this standard is independent of the value of the \The third chapter is discussed in the context of the latest network technology \I believe that P2P users \But in the case of the absence of any other fault performance, distributed P2P software providers may be obtained due to the user's infringement huge gains, but do not accept any responsibility for such a result is not fair. In this regard, by setting technical standards of \The fourth chapter is the conclusion. I suggest that China's copyright law by expanding the range of \In addition, I summed up the need to pay attention to several issues in the understanding of \