The differences between network infringement and traditional infringement are as follows

Legal analysis: Compared with traditional infringement, it is more difficult to identify network infringement, and any infringement must be based on facts, that is, evidence. However, the application of digital technology makes the evidence on the Internet lose its originality. Digital information in the network is a discrete signal composed of physical states represented by 0 and 1, which is not continuous, so it is difficult to find and identify modification and deletion, and it is unstable and changeable. The subject of infringement is complex and secret, and network service providers are often involved in a large number of network infringement disputes. Moreover, people can freely use their names or even anonymity according to their own hobbies online, which brings technical problems to the identification of infringers in practice. The consequences of infringement are wide and fast, and the network covers the whole world, breaking through the geographical restrictions that still exist in real life, blurring the boundaries between regions and countries, and communicating with every corner of the earth; The interactivity and real-time of the network make the dissemination of online information more convenient and fast. Jurisdiction is difficult to locate, the same tort is often associated with multiple locations, and the physical location is of little significance in cyberspace, which makes the foundation of traditional jurisdiction shake in cyberspace. Self-help is powerless. The infringer uses the advantages of its network technology and the lag weakness of the law to act recklessly in the network and infringe on the rights and interests of others. Victims are often powerless because they have no legal basis or can't find infringers and evidence.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 119 Internet users and network service providers who use the Internet to infringe upon the civil rights and interests of others shall bear tort liability. Where there are other provisions in the law, those provisions shall prevail.

Article 119 If a network user uses a network service to commit an infringement, the obligee has the right to notify the network service provider to take necessary measures such as deleting, blocking or disconnecting the link. The notice shall include the preliminary evidence of infringement and the true identity information of the obligee. After receiving the notice, the network service provider shall promptly forward the notice to the relevant network users and take necessary measures according to the preliminary evidence of infringement and the type of service; If necessary measures are not taken in time, the expanded damage shall be jointly and severally liable with the network users. If the obligee causes damage to the network user or network service provider due to the wrong notice, it shall bear the tort liability. Where there are other provisions in the law, those provisions shall prevail.

Article 119 After receiving the forwarding notice, a network user may submit a statement to the network service provider that there is no infringement. The statement shall include the preliminary evidence that there is no infringement and the true identity information of the network user. After receiving the statement, the network service provider shall forward the statement to the obligee who sent the notice and inform him that he can complain to the relevant department or bring a lawsuit to the people's court. If the network service provider fails to receive the notice of the obligee's complaint or lawsuit within a reasonable period after the forwarding statement reaches the obligee, it shall promptly terminate the measures it has taken.

Article 119 If a network service provider knows or should know that a network user uses its network service to infringe upon the civil rights and interests of others and fails to take necessary measures, it shall be jointly and severally liable with the network user.