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1、 Analysis of network copyright infringement case of jurisdiction Abstract network has been an important way of information dissemination, but this caused a lot of copyright infringement from occurring. Determining jurisdiction is a prerequisite for treatment-related cases, but the traditional jurisd
2、iction of establishing standards in the network environment facing enormous challenges. This paper establishes the jurisdiction of online copyright infringement cases as the starting point the problems presented to establish the criteria for jurisdiction in order to be able to China Internet copyrig
3、ht infringement jurisdiction be beneficial to the healthy development of mechanisms. Paper Keywords network copyright infringement Jurisdiction Internet copyright infringement is not getting the permission of copyright, and there is no legal basis for the unauthorized uploading or downloading, and o
4、ther using unfair means should be used on the internet by the copyright owners exclusive rights. With the rapid development of Internet, foreign network infringement cases, whether domestic or international, are often happens, the number of high. But the network infringement is different from ordina
5、ry tort violated rights are moral rights and intellectual property-based, and intellectual property they turned the most common online copyright infringement. More than 80% under the network environment are infringing copyright infringement. Chinas current foreign-related civil relations law applica
6、ble to Article 50 clearly states: infringement of intellectual property rights, protection of the laws applicable to the request, the party may also choose to apply the violation occurred after the agreement the law of the court. According to this content, foreign online copyright infringement shoul
7、d apply the law as protected by the law or requested lex fori. Requested to France with the law of the Department are variable genus, last truly applicable law is to establish a place in the land of the court having jurisdiction on the basis of. Therefore, foreign Internet copyright cases to obtain
8、jurisdiction applicable laws of a country has become a necessary prerequisite, and will directly affect the case of the final verdict, the legitimate interests of the relevant body impact. First, the problems But for space in the network to determine the jurisdiction of disputes than the traditional
9、 jurisdiction of the case to be more difficult and complicated. As the network environment with information technology, freedom and social characteristics of high efficiency, but also has an open, virtual, technical, concealment, paperless, interaction and communication speed and other technical cha
10、racteristics, the traditional jurisdiction of the recognized standards this can not be used. Network enables the jurisdiction of such cases many problems, but the following three issues most prominent. (A) can not be identified as a jurisdictional basis for local traditional infringement disputes ge
11、nerally come under the jurisdiction of the court by the infringement, which has a certain rationality. Because human rights violations against the rights of the time, it also undermines the infringement Country of social order, the jurisdiction of the courts of the infringement, the judge familiar w
12、ith the countrys laws, applicable national law, is conducive to safeguarding the infringement of public order and morals, but also conducive to quickly resolve the dispute. But also in the real space, the behavior is determined the same way, regardless of the result of behavior occurred or took plac
13、e can point to a specific country, but the online world is no physical boundaries. The global network of users, he only clear entry and visited URLs, but does not know where I belong for jurisdiction. Network enables infringement Uniqueness and stability to lose all Internet users around the world c
14、an view is not limited variety of information on the website. This information if copyright is violated, the corresponding behavior of the body may occur throughout the world, the infringers behavior and the forum State will direct link may not exist or exist only minimal contact. Infringer may neve
15、r enter the court to the border, there is no corresponding property in the country, which will affect the determination of jurisdiction. Although the court can not say that the infringement took place under the network environment completely powerless against tort jurisdiction, but at least in this
16、area does not reflect other locations have more than advantages. (Two) there is a link can not be determined by the jurisdiction of the traditional jurisdiction is often the case with the subject, object, there are certain aspects of the content of the linked court to obtain, but now for online copyright disputes in the above factors and specific jurisdictions connection is unstable, prone to change, how to determine whether a part
