Articles 173 et seq. – Offence against personal honor; Article 259 – Public incitement to commit a felony or act of violence; Article 261bis – Racial discrimination; Article 25 – Complicity; Article 28 – Criminal liability of the media
(1) Intermediary Liability of Copyright Infringement. The inducement liability of copyright infringement was enacted in 2007 under the influence of the U.S. Supreme Court’s decision, MGM v. Grokster, 545 U.S. 913 (2005). However, there is a critical difference between them with regard to the requirement of the resulting acts of infringement by a third party. In Grokster, the court holds that “one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties.” However, according to the subparagraph 7 of paragraph 1, article 87 of Taiwan’s Copyright Act, the intermediary’s behavior of enabling copyright infringement itself can be deemed an...
Joint Criminal Enterprise Liability and Aiding Liability. Article 15. A person who has a legal obligation and is able to prevent the results of the occurrence of an offense but has failed to do so shall be equal to have caused the occurrence of the result by his positive act. If a conduct of a person causes the danger of producing the result of an offense, the person has a legal obligation to prevent the occurrence of the result. Article 28. Each of the two or more persons acting jointly in the commission of an offense is a principal offender. Article 29 A person who aids another in the commission of a crime is an accessory notwithstanding that the person aided does not know of the assistance.