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As the rapid progression of the internet technology, developing from WEB 1.0 and WEB 2.0, now with WEB 3.0, making our lives become multicultural and more convenience than ever. However, highly developing of the internet technology has also brought up a lot of controversies, such as internet security, protection of the personal information, and plagiarizing. According to the Copyright Act of the Republic of China (R.O.C.), decreed on May 2009, if the clients have done any infringement activities on the internet, the network operators shall have the right to be exempted, as long as the company operates legally. Although the technology has being renewing by days, whether the new coming law can be applied to all of the forms of technology company such as “cloud computing”, is a point that can be discussed.
The Amendment of Copyright Act of R.O.C. takes reference of the Three Strikes Law from the United States. The amendment on the second paragraph of section 1 in Article 4, the operator shall announce the client that the services will be halted when the infringement activities have being detected for three times. Among the meaning of the phrase “the infringement activities have being detected for three times” has brought up a lot of public opinions. However, if we attentively compare the new law with the United States’, we will be able to find out that the amendment is not sufficient to being called as “Three Strikes Law”. Thus, in this paper, the author suggests the Amendment on Copyright Act of R.O.C. can take more references on Three Strikes Law.
The Amendment of Copyright Act of R.O.C. also takes reference of the Digital Millennium Copyright Act of 1998 from the United States; however, the exemption for the non-profit companies have not being recommended yet. The amendment affords the network operators to be exempted. However, the law does not specifically point out whether the operators can have absolute criminal immunity. In this paper, the author takes three infringement cases as the examples to discuss.
What shall the network operators cope with the Amendment of Copyright Act? This paper has chosen several network operators as the examples. According to Business Next, the ranking of 2008 Taiwanese WEB100 shows that Yahoo! has becoming the biggest portal site, and PC Home Online in the second place; Chunghwa Telecom Co., Ltd. as the biggest network operator; Ruten sales as the biggest business network; Taiwan Fixed Network (TFN) and BABY HOME will also being discussed in the paper. Furthermore, this paper also discusses some information about “cloud computing” services.
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