Article 2 Information networks mentioned in these Provisions include computer Internet, radio and television networks, fixed communication networks, mobile communication networks and other information networks with computers, televisions, fixed telephones, mobile phones and other electronic devices as terminals, as well as local area networks open to the public.
Article 3 Unless otherwise provided by laws and administrative regulations, the people's court shall consider that works, performances, audio and video products provided by network users and network service providers through the information network without permission constitute violations of the right of information network communication.
Where a work, performance or audio-visual product is placed in an information network by uploading it to a network server, setting up file appreciation or using file sharing software, so that the public can obtain it by downloading, browsing or other means at a time and place selected by the individual, the people's court shall determine that it has implemented the provision behavior specified in the preceding paragraph.
Article 4 If there is evidence that a network service provider and others jointly provide works, performances and audio-visual products by way of division of labor and cooperation, which constitutes joint infringement, the people's court shall order them to bear joint and several liabilities. If a network service provider can prove that it only provides network services such as automatic access, automatic transmission, information storage space, search, linking and file sharing technology, and claims that it does not constitute infringement, the people's court shall support it.
Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Patent Infringement Disputes.
Article 1 The people's court shall give consideration to the interests of the obligee, the network service provider and the public when trying civil dispute cases infringing on the right of information network communication.
Article 2 Information networks mentioned in these Provisions include computer Internet, radio and television networks, fixed communication networks, mobile communication networks and other information networks with computers, televisions, fixed telephones, mobile phones and other electronic devices as terminals, as well as local area networks open to the public.
Article 3 Unless otherwise provided by laws and administrative regulations, the people's court shall consider that works, performances, audio and video products provided by network users and network service providers through the information network without permission constitute violations of the right of information network communication.
Where a work, performance or audio-visual product is placed in an information network by uploading it to a network server, setting up file appreciation or using file sharing software, so that the public can obtain it by downloading, browsing or other means at a time and place selected by the individual, the people's court shall determine that it has implemented the provision behavior specified in the preceding paragraph.
Article 4 If there is evidence that a network service provider and others jointly provide works, performances and audio-visual products by way of division of labor and cooperation, which constitutes joint infringement, the people's court shall order them to bear joint and several liabilities. If a network service provider can prove that it only provides network services such as automatic access, automatic transmission, information storage space, search, linking and file sharing technology, and claims that it does not constitute infringement, the people's court shall support it.