Thesis

ISP copyright liability : towards an enhanced Chinese ISP copyright liability regime

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Creator
Awarding institution
  • University of Strathclyde
Date of award
  • 2009
Thesis identifier
  • T12501
Qualification Level
Qualification Name
Department, School or Faculty
Abstract
  • ISP copyright liability for copyright infringement over the Internet is a now widely adopted approach for tackling extensive online copyright piracy in various jurisdictions. However, in China, the inconsistent ISP knowledge standard and the lack of peer-to-peer file-sharing liability provisions in the existing legal framework are among the factors that impede effective copyright law enforcement on the Internet. The adoption of a broad knowledge standard and its application in case law, both in the U.S. and Germany, which have great influence on a Chinese ISP copyright liability system, are discussed along with a similar knowledge standard provided by the Chinese Online Copyright Regulations and its application to ultimately show the need of a broad knowledge standard in a Chinese ISP copyright liability system. As for the liability issues over peer-to-peer file-sharing networks, analysis of several prominent cases and the enacted or proposed legislation in this regard in an international context sheds light on the importance of a filtering mandate in effectively deterring copyright piracy. In a Chinese context, the absence of peer-to-peer file-sharing liability legislation and the inadequacy of the applied provisions in the existing legislation entail the examination of the need and the possibility of the mandatory use of filters in a Chinese ISP copyright liability system. For an enhanced Chinese ISP copyright liability regime, the thesis concludes with two recommendations that a broad ISP knowledge standard should be retained in the Chinese ISP copyright liability system and a filtering mandate is needed and should be legislated for efforts against widespread unlawful peer-to-peer file-sharing.
Resource Type
DOI
EThOS ID
  • uk.bl.ethos.530120
Date Created
  • 2009
Former identifier
  • 809502

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