Court rules on Web site liabilities

The Taiwan High Court, considering the highly controversial issue of the legal liability of Web site operators, has taken a "liberal approach" in dealing with a recent copyrights violation case.

Wang Chieh-yuan (王界遠), 36-year-old operator of the "Ants Market" (螞蟻市場) -- an online platform for message-posting and advertising -- was charged with aiding copyright violations involving a man who had posted advertisements on Wang's Web site selling pirated CDs.

In deciding on an appeal in a suit against Wang, the High Court upheld a district court ruling denying liability of the service provider for contributory infringement, stating that its decision supported the future of Internet technology.

In its opinion, the court specially noted that while action should be taken against those who abuse Internet technology to commit crimes, the judicial system should keep a "liberal mind" in order not to kill future technological developments.

In the copyright violation case, the prosecution charged Wang with being an accessory to illegal transactions involving pirated products, because it believed he had control over what messages were posted on the Web site.

It said that Web sites, just like traditional media, are responsible for monitoring content and for deleting anything that is in breach of the law.

However, the accused said that he had no criminal intent to assist copyright infringements and that it was impossible for him and his sole colleague to monitor all messages posted on his Web site.

While the man selling pirated CDs was found guilty by the Taipei District Court, Wang was acquitted of the accessory charge in the February ruling.

In upholding the district court decision, the High Court said that it was unreasonable to assume that the Web site should have been aware that the CDs advertised on his Web site were pirated, as those operating the service may not have the required legal knowledge.

Moreover, the court ruled, with more than 1,000 messages per day posted on the Web site, it was unreasonable to believe that just two workers could read every single one of them.

The court also pointed out that under Taiwan's laws, the ISP has no legal obligation to monitor and prevent such infringements, and thus a service provider cannot be held liable for an offence not committed by himself.

On an international basis, debate over the liability of Web sites has tended to come out in favor of exemption if the operator is not aware of the offending material or activity, or subsequently expeditiously removes the material upon being given notice.