The Supreme People's Court about

& lt/(adopted by the Supreme People's Court Judicial Committee at its meeting1406th on October 20th, 2006).

According to Article 58 of the Copyright Law of People's Republic of China (PRC), the Regulations on the Protection of Information Network Communication Right was amended as: The First Meeting of the Judicial Committee of the Supreme People's Court 1406, Interpretation of the Applicable Law in the Trial of Computer Copyright Disputes;

Delete "the Supreme People's Court's legal interpretation on the trial of cases involving computer application copyright disputes".

According to the provisions of the "decision of the Supreme People's Court on the application of law in the trial of this case involving computer copyright disputes", it shall be adjusted accordingly and re-promulgated.

BR/>； The Supreme People's Court's Interpretation of Copyright Disputes on Several Issues Concerning Computer Application Law in the Trial of Cases.

Judicial InterpretationNo. 1 1 [2006]

(2000 the Supreme People's Court Judicial Committee meeting165438+122 October144th meeting) According to applicable laws, the Supreme People's Court Judicial Committee meeting1302nd meeting on 23 February 2003. Decision on Computer Interpretation of Cases Involving Copyright Disputes in the Supreme People's Court "The First Meeting of the Judicial Committee of the Supreme People's Court 1406 165438+2006120 October" Decision on the First Amendment of Computer Interpretation of Cases Involving Copyright Disputes in the Supreme People's Court Over the Second Amendment of Computer Application Law (B) ").

In order to correctly hear cases involving computer network copyright disputes, according to the Civil Service Law, Copyright Law and Civil Procedure Law, the general principles of this Law are formulated as follows:

If a dispute over copyright infringement on the Internet is under the jurisdiction of the people's court, it shall be under the jurisdiction of the people's court in the place where the infringement occurred or the defendant's domicile. Infringement prosecution infringes on the location of network servers, computer terminals and other equipment. If the infringement and the defendant's domicile are difficult to determine, the location of the computer terminal equipment where the plaintiff found the infringing content can be identified as infringement.

Works protected by copyright law include the digital forms of the third kind of works in copyright law. Under the network environment, the works listed in Article 3 of the Copyright Law cannot be classified, but the original works in the fields of literature, art and science and other intellectual property creations that can be reproduced in some tangible form shall be protected by the people's courts.

Internet service providers participate in copyright infringement through the Internet, or instigate others to commit copyright infringement through the Internet. The people's court shall, according to the provisions of Article 130 of the General Principles, investigate other actors or directly implement the tort liability of the infringer.

If the Internet service provider of the article content service knows that the netizen has committed copyright infringement through the Internet, or there is indeed a warning from the copyright owner, but fails to take measures to delete the infringing content to eliminate the infringement consequences, the people's court shall investigate the netizen's equal tort liability in accordance with Article 130 of the General Principles of the Civil Law.

Article 5 The copyright owner of an Internet service provider providing content services provides information registered by the infringer on its network, and the infringer shall be investigated for tort liability. If it refuses to provide it, the people's court shall investigate the corresponding tort liability according to Article 106 of the General Principles of the Civil Law.

Article 6 If an Internet service provider knowingly uses, uploads, disseminates or provides equipment, equipment or materials specially designed to evade or destroy copyright technical protection measures, the people's court shall bear the tort liability of the Internet service provider under investigation according to the litigation request of the parties and the trial of a specific court and in accordance with the provisions of Item (6) of Article 47 of the Copyright Law.

When the copyright owner discovers the infringing information, he issues a warning to the network service provider, asking the infringer to register the information online, and can't produce the identity document that proves the ownership certificate of copyright infringement, which shall be regarded as not giving a warning or making a request.

If the certificate issued by the copyright network service provider fails to take measures, the copyright owner may, in accordance with the provisions of Articles 49 and 50 of the Copyright Law, make a decision to stop the relevant acts and property preservation before the prosecution, or apply to the people's court for an advance ruling to stop the infringement, remove the obstruction and eliminate the influence, and the people's court shall allow it.

Article 8 The people's court will not support the warning to the evidence of Internet service providers and copyright owners and taking measures to delete the contents suspected of infringement. If the accused infringer asks the network service provider to bear the liability for breach of contract.

If the copyright owner is accused of infringement and falsely accuses the infringer of demanding compensation for the losses caused by the measures taken by the network service provider, the people's court shall warn people to bear the liability for compensation.