Abstract: The development of internet digital technology brings about constant disputes between copyright owners and the internet service providers. In view of this issue, by conducting comparative analyses of the legal provisions with judicial practice in America and China, this paper aims to cite the application of the "safe harbor" provision in the "Digital Millennium Copyright Act" (DMCA), and discuss the relevant provisions about the infringement liability of the internet service providers in "Regulations on Protecting the Right of Propagation through Information Network". Moreover, this paper tries to analyze the liability of the internet service provider in Viacom v. Youtube and the case of Yahoo, and further elaborates the legal responsibility of the internet service providers triggered by a third party.