A Study of Copyright Liability of Internat Service Providers - Safe Habor Legislation

• Main Authors: Kuei-Nan Chen, 陳癸男
• Other Authors: 江耀國
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/98857962729631261090

碩士 === 元智大學 === 資訊社會學研究所 === 97 === The question whether Internet Service Providers (ISPs) should be liable for their service user’s copyright infringement is an important one. The U.S. Digital Millennium Copyright Act of 1998 ("DMCA") was enacted to establish "safe harbor" provisions for ISPs. In the Act, ISPs may be exempted from imfringement liability if they meet certain criteria. The Act also encourages ISPs to cooperate with copyright holders. Learning from the U.S. DMCA, Taiwan’s parliament in April 2009 passed Chapter 6-1 of the Copyright Act providing several liability exemptions for ISPs. In the thesis, we will first examine the U.S. DMCA in great length, including leading cases in U.S. courts. Then, the author gives an introduction to the legislation of liability exemptions for ISPs in Taiwan. At the end, the author provides comments and recommendations for Taiwan’s new legislation from U.S. experience and cases. Keywords: Copyright Act, ISP, Internet Service Provider, Safe Harbor, DMCA, Liability, Exemptions, Taiwan