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近年来,网络服务提供者成为作品著作权的间接侵权者的责任承担问题成为研究热点。网络服务提供者的著作权间接侵权责任的概念有其特殊内涵,其理论依据主要有收益与风险均衡学说、控制力学说和过错主义学说;国外对网络服务提供者的著作权间接侵权责任研究较早,我国起步较晚;网络服务提供者的著作权间接侵权责任的构成要件有三个方面,承担责任的方式主要有两种。
In recent years, it has become a research hotspot that the network service provider has become the responsibility of the indirect infringer of the work’s copyright. The concept of indirect liability for copyright infringement by internet service providers has its own special connotation. The theoretical basis is mainly based on the theory of balance of income and risk, the theory of control power and the theory of fault; the responsibility of foreign indirect copyright infringement of network service providers is earlier studied, China started late; there are three components of the liability for indirect copyright infringement of network service providers, and there are mainly two ways to take responsibility.