| 英文摘要 |
The Internet brings us something entirely new and different. What the Internet brings to all of us is the means to publish our views to a very large audience at practically no cost without any need to obtain the approval of a large company or group. This different is fundamental and we are beginning to experience the Internet's far-reaching ramifications on our society and our legal system. In special, the copyright law is most impact.This article refers to develop of international convention and other countries that is dealing relative problems of copyright of Internet. It has nine chapters. The first chapter is exordium (introduce) and the last chapter is conclusion. The second chapter introduces the relation of copyright law and Internet. The third chapter till eighth chapter recounts as follows：1、The question of reproduction of copyright in Internet includes permanent and transitory. Example, the RAM and Proxy server is automatic reproduction. Is copyright law violated when a copy is made in such a way that it is fixed a period of more than transitory duration? It is this chapter want to discuss. 2、The Internet allows textual, graphical, video, and audio information to be widely published and accessed by user having Web browser software and Internet access installed on their computer. Any user located anywhere in the world can view a Web site page publish by other users. The pages can transmit text, images, video, and sound. It is different for traditional communication and communication of Internet. The WIPO Copyright Treaty has dealt this problem. It will offer our country to amend copyright law.3、The law concerning the ability to use such links is in its infancy, with no definitive precedent. But after examining three law suits that have challenged uses of hyperlinks, one thing is clear -- the cautious operator of a commercial Web site will either seek permission before linking to the site of another or only use links which transport the user to the home page of another's site. 4、In Netcom case, courts are unwilling to completely absolve ISP's or BBS's for copyright infringing activity by a subscriber. The standard of knowledge required to impose liability is greater than strict liability. Constructive knowledge of the infringing activity may be sufficient for ISP's to be liable for contributory copyright infringement. The capabilities of the ISP, the amount of notice the ISP received and the amount the ISP participated in the infringement will all be relevant to this determination. Possibly, a court will apply a reasonable person standard, taking into account the above factors. 5、The Obligation concerning Technological Measure and Obligation concerning Right Management Information are ruled in the WIPO Copyright Treaty. Unauthorized removal of copyright protection or program, using such software as "copy guard canceler," will become a criminal offence.6、Any incidental copying to disk involved in the viewing of part or all of an electronic publication is fair dealing. The operation of some computer software, for example Web browsers, may result in the copying of electronic documents to the user's hard disk. Where this is necessary for the efficient operation of the software, and where there is no intent to store the copy permanently, this incidental copying is fair dealing. This would apply for viewing part of, or the whole of an electronic publication. |
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