A Comparative Copyright Analysis of ISP Liability in China versus the United States and Europe

Abstract

The article is the first to compare the secondary liability theories applicable to internet service providers (ISPs) in China, the U.S., and Europe. By conducting a comparative study of the legislation and case law developed in the aforesaid regions, the article addresses problems and uncertainty under the existing PRC copyright law as to the liability of ISPs, and then proposes a number of recommendations to be considered in China’s future legislative reform.