随着 IT 产业在世界的迅猛发展,由互联网所带来的这场社会变革,以超乎我们想象的威力和速度冲击着社会的各个层面,在知识产权领域也产生出许多不曾预料的矛盾和纠纷,特别是网络环境下的著作权纠纷。而我国的著作权法律制度是在传统媒体形态下如纸张、磁带、磁盘、胶片等建立起来的,因此审判过程中需要结合解决的法律适用问题较为突出。为此,最高人民法院 With the rapid development of the IT industry in the world, this social change brought by the Internet has impacted all levels of society with the power and speed beyond our imagination and has produced many unforeseen conflicts in the field of intellectual property Disputes, especially in the network environment copyright disputes. However, the legal system of copyright in our country was established in the form of traditional media such as paper, tape, disk, film and so on. Therefore, the application of the law that needs to be solved in the process of trial is more prominent. To this end, the Supreme People’s Court