| Summary: | File hosting is basically an online data storage service, however most of its user
use this service to conduct copyright infringement. As the result, many
copyright holders suffer losses in form of sales decline. This research discusses
why file hosting service provider shall be liable for copyright infringement
conducted by its users and what is the legal test applied to attribute liability to file
hosting service provider. This research is a juridical normative research which based
on literary study. Legal material used in this research is primary legal materials
including Indonesian Civil Code and related legislations. The findings indicates
that: (1) File hosting provider shall be liable for the losses suffered by copyright holder
by virtue of its legal obligation to respect exclusive rights of copyright holder and
(2) Legal test applied to attribute liability to file hosting service provider is civil
wrongdoing with regard of its elements which are conduct, unlawful characteristic,
loss, mistake, and causal relationship between conduct and loss.
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