| 英文摘要 |
"Since the 1990s, the digital age has put people under immense challenges in which every aspect of the legal systems, including copyright, is forced to reform to catch up with changes. The effect of technology on copyright can be described in many aspects. Copyright is not stand-alone; it must be in the relationship of the whole legal system, of which one primary matter is the liability of Internet service intermediary (ISI). Internet intermediaries provide connections for users and facilitate the transmission of content over the Internet through their server. Various copyright infringement might occur during the transmission of content on online sites or servers; therefore, it is debated that to what extent the intermediaries’ accountability can be held for online piracy. When it comes to that matter, although there is a consensus on the immunity regime (also-called ‘Safe Harbour’) for intermediaries due to the free flow of information, the issues are far more complicated. The modern ones these days include many other platforms such as Google, Youtube, Amazon (hosting server) or Facebook, Twitter, Instagram (social network). The most substantial difference here is the raised platforms have high power over controlling users and contents, not simply be a mere conduit of information as Internet providers. A notice-takedown system has been developed for the benefit of copyright owners; however, it has raised a concern about ignoring the fair use doctrine and public interest. Therefore, the article also suggests a new international copyright treaty to cover the Safe Harbour, a more effective counter-notice system, and another mechanism for users to claim fair use for their uploaded contents." |
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