The Qvod case in 2016, in which the Chinese video-sharing site Qvod was convicted of the crime of disseminating pornographic materials for profits, provoked heated debates regarding the criminal responsibility of inte...The Qvod case in 2016, in which the Chinese video-sharing site Qvod was convicted of the crime of disseminating pornographic materials for profits, provoked heated debates regarding the criminal responsibility of internet service providers （ISPs） in China. Using the Qvod case as an example, this paper first discusses the definition and the legal obligations of ISPs, and argues that we should decide the criminal responsibility of ISPs according to their functions and the content of their services. This paper further analyzes four major issues associated with the criminal responsibility of ISPs, including accomplice responsibility, accessory with neutral conduct, perpetrator by action or omission and ideal concurrence （Idealkonkurrenz）.展开更多
CDN is a kind of effective technology for content processing and distribution and can improve the network performance. However, the development and application of CDN are limited by some reasons, like operating system...CDN is a kind of effective technology for content processing and distribution and can improve the network performance. However, the development and application of CDN are limited by some reasons, like operating system and price of ISP. In addition, ISP is suffering network congestion brought by the sudden traffic migration and infrastructure deployment of CDN without the confusion of the basic information of the network. We should balance or coordinate the relationship between ISP and CDN. And the friendliness building of CDN and ISPs will promote the user experience, effectively guarantee their service quality, improve the network operation, and reduce the content distribution cost. In this paper, we discuss the basic working principle of CDN and ISP, analyze possibility of cooperation between CDN and ISP and conclude the existing methods from a novel angle. Furthermore, some suggestions for further research and solutions in this field are provided.展开更多
文摘The Qvod case in 2016, in which the Chinese video-sharing site Qvod was convicted of the crime of disseminating pornographic materials for profits, provoked heated debates regarding the criminal responsibility of internet service providers （ISPs） in China. Using the Qvod case as an example, this paper first discusses the definition and the legal obligations of ISPs, and argues that we should decide the criminal responsibility of ISPs according to their functions and the content of their services. This paper further analyzes four major issues associated with the criminal responsibility of ISPs, including accomplice responsibility, accessory with neutral conduct, perpetrator by action or omission and ideal concurrence （Idealkonkurrenz）.
基金supported by the National Natural Science Foundation of China under Grant No. 61503424the Research Project by The State Ethnic Affairs Commission under Grant No. 14ZYZ017+2 种基金the Jiangsu Future Networks Innovation Institute-Prospective Research Project on Future Networks under Grant No. BY2013095-2-14the Fundamental Research Funds for the Central Universities No. FRF-TP-14-046A2the first-class discipline construction transitional funds of Minzu University of China
文摘CDN is a kind of effective technology for content processing and distribution and can improve the network performance. However, the development and application of CDN are limited by some reasons, like operating system and price of ISP. In addition, ISP is suffering network congestion brought by the sudden traffic migration and infrastructure deployment of CDN without the confusion of the basic information of the network. We should balance or coordinate the relationship between ISP and CDN. And the friendliness building of CDN and ISPs will promote the user experience, effectively guarantee their service quality, improve the network operation, and reduce the content distribution cost. In this paper, we discuss the basic working principle of CDN and ISP, analyze possibility of cooperation between CDN and ISP and conclude the existing methods from a novel angle. Furthermore, some suggestions for further research and solutions in this field are provided.
