论文部分内容阅读
互联网发展使得网络版权侵权愈演愈烈,网络服务提供商(ISP)面临前所未有的诉讼压力。《数字千年版权法》(DMCA)创设的避风港规则利于平衡版权人和ISP的利益,从而促进网络经济健康发展。该规则被多国立法吸收,亦是我国《信息网络传播权保护条例》的蓝本。鉴于条文不周延性和版权保护传统思维等原因,我国司法实践中对适用该规则存在分歧,但已渐渐开始向保护ISP合理利益的方向发展。
Internet development makes online copyright infringement intensified, Internet service providers (ISPs) are facing unprecedented litigation pressure. The safe haven rules created by the Digital Millennium Copyright Act (DMCA) help to balance the interests of copyright owners and ISPs in order to promote the healthy development of the network economy. This rule has been adopted by multinational legislation and is also a blueprint for the “Regulations for the Protection of the Right of Communication through Information Networks” in our country. In view of the indefinite provisions and the traditional thinking of copyright protection, there are differences in the application of this rule in judicial practice in our country, but it has gradually begun to protect the legitimate interests of ISPs.