The aim of this thesis is to construct an efficient, well-balanced and predictable indirect liability system for dealing with digital copyright infringement in China. In order to address the digital revolution that has challenged copyright protection, China has carried out a series of legislative attempt on developing an indirect copyright liability system in recent years. The joint tort oriented, knowledge-centred liability attribution rules and a set of borrowed safe harbour provisions from the United States have set out the rudiments of the indirect copyright liability regime to deal with digital copyright infringements.
However, there have been constant debates on the confusing joint tort law underpinning, the inconsistent knowledge standard and the conflicting nature of safe harbours. Incomprehensive attribution rules and incompatible exemption rules
are major factors impeding the effective copyright law enforcement and the efficient operation of the intermediary's business.
This thesis seeks to establish five principles. First, it takes a deep look at history and economics of the copyright law, suggesting that principles of technology neutral, balance and efficiency are three fundamental principles underpinning the
establishment of an indirect copyright liability system. Second, the long ignored general tort law should serve as guidance for the establishment and interpretation of indirect copyright liability rules. Third, the study of the United States' doctrines of contributory liability, vicarious liability and inducement liability suggests culpable-conduct based rules for liability attribution in China. Fourth, through the study of authorisation liability in commonwealth countries, this thesis proposes the transplantation of multi-factors analysis in interpretation of attribution rules into China. Fifth, by examining and comparing the United States' and the United Kingdom's safe harbour provisions, the study argues for integrated safe harbour rules in China.
Through learning the Anglo-American experience, this thesis finds that compared to the borrow-to-use approach, a more efficient build-to-suit approach for a viable legal transplantation is recommended. This thesis proposes an independent-tort theory oriented, culpable conduct based indirect liability system, with modified safe harbour provisions, in China. In this way, a justified and compatible indirect liability system can be optimised with equilibrium among relevant parties.