Date of Award

11-2016

Document Type

Thesis

Degree Name

Master of Laws (LLM)

Abstract

This thesis is motivated by a legal challenge in the area of Chinese copyright protection: Baidu, which was considered a disaster by the copyright owners in China. To solve this legal challenge, the Chinese could learn from the legal experience of Japan and the U.S. regarding this issue.

The traditional ISP legal system provides a passive-reactive approach to the secondary copyright liability of ISPs. However, the Baidu issue in China indicates that a passive-reactive ISP model is not able to prevent copyright infringement. Recent cases in China and the U.S. reflect a new trend that the judicial branch adopts an active-preventive approach to ISP issues. This thesis organizes the various legal theories, statutes and cases that may be relevant in an ISP dispute into a framework that may be used to more clearly and effectively evaluate the legal issues of ISPs, with a focus on the proposal for Chinese copyright legal reform.

This thesis consists of two parts. The first part examines ISP-related law and cases in the U.S., China and Japan. The second part comparatively analyzes the Baidu issue and suggests possible solutions for Chinese legislature.

Available for download on Sunday, November 17, 2019

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