Research on the tort liability of network service providers

Authors

  • Tingting Yan

DOI:

https://doi.org/10.54691/708g6y30

Keywords:

Network service providers; Tort; tort liability; Principle of attribution.

Abstract

In the context of the rapid development of the Internet, the incidence of online infringement is also rising. With the diversification of online infringements, the infringing subjects include not only ordinary users, but also network service providers. According to the relevant provisions of the Civil Code, the principle of attribution of liability for network infringement of network service providers is usually general fault liability. However, tort prevention liability that is not for the purpose of compensation for damages is not conditional on fault. In indirect infringement, the liability of the network service provider and the direct infringer is usually in the form of aiding in joint infringement, and the former is guilty of helping the infringer. In the event of a data breach, the network service provider usually bears additional liability for violating the security obligation.

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References

Yu Bo: Research on the Legal Obligations of Intellectual Property Rights of Online Intermediary Service Providers (Law Press, China, 2017), p.14-16.

Zhang Xinbao: Research on Internet Infringement Issues (Chinese University Press, China, 2013), p.31-32.

Yang Li: New E-Commerce Tort Law (Intellectual Property Press, China, 2005), p.221-225.

Wang Qian: Research on Copyright Protection in the Network Environment (Law Press, China, 2011), p.146-148.

Ye Mingyi: Tort Liability of Network Service Providers, Local Legislation Research, Vol.7(2023), No.4, P.19-35.

Ye Mingyi: On the Challenge of Tort Prevention Liability to Traditional Tort Law, Legal Science, Vol.30(2013), No.2, p.121-125.

Ye Mingyi: Tort Law Protection of Personal Information, Legal Research, Vol.64(2018), No. 4, p.100-108.

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Published

2024-07-24

Issue

Section

Articles

How to Cite

Yan, T. (2024). Research on the tort liability of network service providers. Frontiers in Humanities and Social Sciences, 4(7), 159-164. https://doi.org/10.54691/708g6y30