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网络服务商在当代网络信息传播中扮演着愈加重要的角色,有关网络信息传播所引发的知识产权责任承担问题,也日益引起各国立法和司法实践的关注。因网络服务商参与信息传播的方式丰富多样,对所承载、传播之信息内容的知悉及控制程度深浅不一,有关网络服务商首要责任或次级责任的区分、归责原则与免责情由等赖以确定网络服务商责任承担问题的依据,在争议解决中都不无疑问。在借鉴国外立法和司法实践的基础上,构建顾及网络服务商对争议信息传播的参与程度及知悉状况等多元价值需求的责任体系,无疑是完善我国网络服务商知识产权责任承担制度的必然选择。
Network service providers play an increasingly important role in the dissemination of information in contemporary networks. The issue of the responsibility of intellectual property rights triggered by the spread of network information also increasingly draws attention to the legislative and judicial practices in various countries. Due to the rich and varied ways in which ISPs participate in the dissemination of information, the level of knowledge and control over the content carried and distributed by the ISPs varies from one source to another, and the distinction between the primary responsibility and the secondary responsibility of the ISPs, the principle of liability and the reasons for exemption Determine the basis for the responsibility of network service providers to assume the issue in the dispute are not without doubt. On the basis of drawing lessons from foreign legislation and judicial practice, it is undoubtedly the inevitable choice to construct the responsibility system that takes into consideration the involvement of ISPs in disseminating dispute information and knowing the situation and other needs of value.