美国DMCA避风港规则适用判例之研究-中国法学网.PDFVIP

Abstract: As a response of the intense confl ict of interest between copyright industry and internet industry, American Courts have been trying to elaborate the detailed criteria of DMCA Safe Harbor rules in recent cases, yet still hesitate to give a explicit answer on weather the law should increase ISP liability to strengthen copyright protection. Now a higher effective grade elaboration about this important issue is expected in U.S. It’s helpful for Chinese copyright law to use American experiences for reference. Key Words: ISP liability; DMCA safe harbor; contributory infringement; vicarious liability 1984 90 54 ISP a