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...