Study On Issues Of The Infringement Of "Information Location Service" Provider On Networks

With the continuous improvement of China copyright-related legislation, understanding for network infringement of"Information Location Services"has been deepening in judicial practice. The author of this paper selects two groups of four cases, standing in the issues that these four cases reflect, and try to discuss the legal nature of Search-Link and the identification of provider's subjective fault in"Contributory Infringement".The paper consists of three sections.In the part of preface, the first section, explain the motives of this writing and discuss the theoretical issues involved in these cases with a view to provide a useful reference for the further improvement of legislation.The second section includes two chapters:The first chapter introduces two cases as a start. The author firstly makes an analysis of the essential characteristics of Search-Link and then analyzes these cases. The author investigates the relevant legislations and judicial practice in Anglo-American copyright law, and points out that"Information Location"is the essential characteristics of Search-Link. Search-Link does not constitute acts of communication of information on networks. On this basis, the author points out the court correctly distinguished the"Direct Infringement"and"Indirect Infringement"on networks. Then court made a correct decision.The second chapter still introduces two typical cases involving in acts of Search-Link. as a start. The author further discusses how to identify the subjective fault of"Information Location Services"provider. In this chapter, the author firstly analyzes the"Red Flag Standard"and"Subjective Fault"recognition; points out how to apply the"Red Flag Standard"according to the external facts is the key of judgment. Then, the author discusses the applicability of"Red Flag Standard"in the"Blank Search Box"and"List"search modes. At last the author points out that the application of"Red Flag Standard"requires a combination with the"Infringement Warning Notice".Based on the above analysis, the author tries to make a comprehensive appraisal of the trials. and points out that: the trial of"Yahoo Case"embodies the correct application of"Red Flag Standard"; in"Fanya Case"judges have been not changed the principle to recognizing subjective fault in"Yahoo Case";"Huana Case"and"Sohu Case"defined the standards to recognizing"Subjective Fault".The last chapter is the conclusion of the paper. In this chapter, basing on analysis of the previous two chapters, the author sums up the conclusion of correctly identifying Legal nature of Search-Link and recognizing subjective fault in"Contributory Infringement".