ABSTRACT

This chapter focuses on discussing the legal liability of Internet Service Providers (ISPs). As discussed in previous chapters, technological advances and globalisation have brought new digital challenges to the traditional copyright balance regime.1 This is particularly true of ISP legislation. Also, as discussed in previous chapters, globalisation and ever-improving technology have disrupted the original copyright balance. Initially, balance in copyright law is the balance of benefits for copyright holders compared with direct copyright users. However, with the development of the Internet and digital technology, ISPs also play an increasingly significant role in information communication, electronic commerce, online distribution of copyrighted works, and the achievement of knowledge equilibrium goals generally. Thus, the copyright balance issue has now become an issue of balance between at least three parties: copyright holders, copyright users and ISPs.