Establishing an Indirect Liability System for Digital Copyright Infringement in China: Experience from the United States’ Approach By Xiao Ma* Download a PDF version of this interview here. Introduction I. Debates on NSP Liability Rules in China A.Debate on the Tort Basis for NSP Copyright Liability B. Debate on the NSP’s Knowledge Standard C. Debate on the Nature of Safe Harbors II. Experience from the United States A. Fault-Based Liability Attribution Rules Developed from Common Law Cases 1. Is the Sony Rule Still Applicable in a Digital World? The Implied Factors in Contributory Liability 2. The Expansion of Vicarious Liability in Copyright Law: Why It Does Not Apply in China? 3. Inducement Liability: What Could be Learned for China? B. Strict Interpretation of DMCA Safe Harbors 1. Clarifying the Knowledge Requirements under § 512(c) and (d) of DMCA: Actual or Apparent Knowledge of Specific Infringement 2. “Control” and “Benefit” under § 512(c) and (d) of DMCA III. Establishing Indirect Liability System for Digital Copyright Infringement in China Conclusion Continue reading →
