Abstract: The problem of copyright infringement in application store is increasingly serious, and whether application store takes the tort responsibility as well as what kind of tort responsibility application store should bear are heatedly debated in the circle of academic and judicial practice. Android application store and Apple Store belong to different application platform in nature after analyzing their business management pattern. The openness of the source code of Android application store means that Android application store belongs to the information storage space of internet service provider, and meanwhile does not have the examination obligation as well as can apply the principle of Safe Harbor. However, Apple Store is more close to the internet trading platform based on its closure. Not only can it not apply the principle of Safe Harbor for liability defense, but also has the examination obligation. Apple Store can only pose a direct infringement, while Android application store can cause both direct infringement and indirect infringement, and needs to analyze and identify the subjective fault.