2010•Journal of Shaoyang UniversityRequires access

On The Internet Service Providers' Responsibility for Indirect Infringement

Kemei Li

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Abstract

In response to the question of whether Internet service providers should be liable for materials to the third party,America and China practice differently.China has integrated negligence liability with fault liability,but America adopted the principle of non-liability.Each of the three approaches achieves the height of his ability,but applying a single one is far from satisfactory.If we can adopt the mixed liability or improve negligence liability on the basis of weighting carefully,then a tough problem in law circle is to be settled.

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What this paper is about

In response to the question of whether Internet service providers should be liable for materials to the third party,America and China practice differently.China has integrated negligence liability with fault liability,but America adopted the principle of non-liability.Each of the three approaches achieves the height of his ability,but applying a single one is far from satisfactory.If we can adopt the mixed liability or improve negligence liability on the basis of weighting carefully,then a tough problem in law circle is to be settled.

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Available abstract

In response to the question of whether Internet service providers should be liable for materials to the third party,America and China practice differently.China has integrated negligence liability with fault liability,but America adopted the principle of non-liability.Each of the three approaches achieves the height of his ability,but applying a single one is far from satisfactory.If we can adopt the mixed liability or improve negligence liability on the basis of weighting carefully,then a tough problem in law circle is to be settled.

Key concepts: Liability, Internet service provider, Service provider, Business, Strict liability, The Internet, China, Service (business)

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