A Study on Internet Service Provider Liability for Copyright and Related- Rights Infringement A Comparison between Taiwan and Vietnam－
Date Issued
2009
Date
2009
Author(s)
Hoa, Hoang Thi Thanh
Abstract
Internet plays an important role in modern daily life. However, many people abuse it to infringe others’ rights and interests, including copyright and related rights, which arises dispute over the liability of Internet Service Provider (ISP) for copyright and related rights infringement.ecause of globalization, bilateral relation between Taiwan and Vietnam is closer and closer. Definitely, making a comparison between Taiwan and Vietnam and taking a study on the both legal systems about ISP’s liability for copyright and related-rights infringement may help users to be licensed to use copyrighted works, avoid dispute over ISP’s liability, and protect copyright and related-rights owners. It is also helpful to improve cooperation development.his thesis includes six chapters, in addition to foreword and conclusion, while the main context is divided into four parts. In order to clarify the study object, Chapter II briefly introduces ISP theme. It starts with the Internet technology development, then describes the variety of ISP and its feature. It also refers to the role of ISP in copyright and related-rights protection. Chapter III gives legal base for ISP liability for copyright and related-rights infringement by describing related conventions and typical national law, especially Taiwan and Vietnam’s law. Copyright and related-rights are domestic related while internet has transnational nature so dispute over copyright and related-rights infringement liability in the Internet will be followed by the question about the application of law. Therefore, this chapter proposes different principle of law application. Each country has its own stipulation regarding to the Internet copyright and related-rights infringement liability, but ISP takes liability basically only because its network causes the infringement act. Thus, to accuse ISP of infringement liability, an infringement act in the network is needed. Therefore, Chapter IV analyzes various factors of the infringement act, including the subject of the act, the subjective side and the objective side of the act, as well as the infringed rights. In Chapter V, it discusses that whether ISP should be liable for its user''s copyright and related-rights infringement act or be able to obtain the relief. In this chapter, based on all quarter''s viewpoints, it explores those about ISP liability accusation and relief matter, but it is not the whole picture of liability limitation legislation. Therefore, it specially introduces American DMCA and European Union ECD, which are the reference statute for Taiwanese and Vietnamese legislation process, and compares the Taiwanese and Vietnamese legislation process and the present relevant law provision that discovers the similarity and the diversity of stipulation between two sides to know all quarter’s situations.
Subjects
Internet service provider (ISP)
Copyright and related- right infringement
Liability
Comparison
Taiwan
Vietnam.
Type
thesis
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