論封鎖境外侵權網站之著作權爭議

• Main Authors: LIN, MENG-JOU, 林孟柔
• Other Authors: 姚信安
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/86ffzy

碩士 === 國立中正大學 === 財經法律系研究所 === 106 === The rapid development of Internet will make the infringement of copyright more diffuse. Take the rise of OTT platform for example, copyright holders authorize legitimate OTT platform operators, so that the consumers will have the access to the platform provided by the operators. In contrast, if OTT platforms without legally authorized provide free watching services, it will reduce the willingness of the public to pay for legitimate platforms, resulting in legitimate OTT platform operators difficult to operate. Because the network is with no boundary, the Chapter VI-1 of the copyright law: Limitations on Liability for Internet Service Providers is insufficient to protect the rights of the copyright holders, so that the copyright holders are difficult to take the notice and takedown procedure. If the infringer is an infringing website, the copyright holders will not find out who the website operators are, so that they can only claim to internet service providers. Foreign countries take administrative, judicial or mixed measures on the site blocking. The United Kingdom, the European Union, and Australia expressly provide that courts can issue the injunction on infringing websites in the copyright law. However, the injunction may lead to prior restraint on the freedom of speech. We wonder whether the site blocking injunction can effectively eradicate the existence of the infringing website. This article would like to discuss whether our country has the legislation necessity and the suggestion.