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Abstract

With the fast development of network technique, internet which is a new science and technology approaches into people’s work, study and life. It is showed from data of the No. 25 Chinese Internet development statistics by CNNIC (China Internet Network Information Centre) that till Dec 2010, chinese internet users are three hundred and eighty four million. Among these people, two hundred and thirty three million people surfing by mobile, accounting for 60.8% of whole internet users. But their first statistics data showed that till Oct 31 of 1997, there were six hundred and twenty thousand internet users in China. During 12 years, from six hundred and twenty thousand increasing to three hundred and eighty four million, internet technology is developing rapidly. Accompanied by application of internet technology, the infringements in cyber space emerge in endlessly:to infringe personal right, to infringe intellectual property, to infringe national security…etc. All of these make the right protection in cyber space extremely urgently. This article will make preliminary analysis for infringement issues in cyber space for network copyright.This article is divided to four parts. The first part focuses on fundamental theory, including subject, object, content, legal permission and rational use of copyright and network copyright. The second part focuses on infringement issues of network copyright, including infringing form and infringing characteristics, to highlight the increasing seriousness of such infringement issues, meanwhile relating and analysising with some typical cases occurred in China in recent years. The third part focuses on analysising problems faced on network copyright infringement cases when such cases occurred presently, including subject confirmation, jurisdiction, proof collecting, liability fixation, besides to make suggestion for indeterminacy and defect of present law. The last part is epilogue, to make a brief summary for infringement of network copyright.

A Research on Infringement of Network Copyright

Abstract

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