网络环境的版权诉讼适用规则

国内外网络服务供应商（ISP）与版权人围绕ISP是否侵权的争议持续不断，双方在版权之诉中适用的避风港条款、合理适用原则和红旗标准又纠缠不清，存有冲突。从实践与理论的分析来看，正视避风港条款、红旗标准的价值定位与适用审查，改革现行的版权制度里的合理使用原则，消除ISP履行版权保护协助义务的消极态度，创新版权网络保护的方法机制，能够有效地应对网络环境下版权诉讼适用规则的冲突，并起到防患于未然的效果。

Applicable Rules in Copyright Lawsuits Under the Network Environment

Whether ISP has committed infringement in its operation has become bone of contention between copyright owners and ISP both at home and abroad. The two sides of copyright owners and ISP usually fail to reach an agreement in the employment of Safe Harbor Rules, reasonable application system and Red Flag Test. Based on the analysis of relative theory and practice, certain counter-measures including a right attitude towards the Safe Harbor Rules, value proposition of Red Flag Test and application review, reform of the reasonable application principles in the current copyright system, change of the ISP＇s negative attitude in fulfilling its obligation of assisting copyright protection, and renovation of the methods and mechanism of copyright protection online, can not only play a positive role in addressing conflicts of application rules in copyright lawsuits under the network environment but also help to make full preparation for possible problems in the future.