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Legal Analysis On Website Link Infringement

Posted on:2012-08-26Degree:MasterType:Thesis
Country:ChinaCandidate:L Y ChengFull Text:PDF
GTID:2166330335470057Subject:Intellectual property law
Abstract/Summary:PDF Full Text Request
The Link is one of necessary technologies for the internet, it brought facilities and rapidity to us, but it may also bring about a series of legal problems. Copyright infringement cases produced by the Link increase rapidly every year. Unfortunately, because legal systems concerning network link infringement are perfect. It is difficult to identify link infringement in the judicial practice. The people's court in the different places adopts different views. This situation brings us many difficulties and questions. In the recent year there are many studies about the kinds of problem in both the theoretical and academic fields. They provide a lot of valuable views, in a way these views give us guider in judicial practice. But they have the limitation and shortcoming. By starting the typical case on the Ningbo Cheng gong Communication Company filed a suit against Liangshan Television Station in Sichan, this paper tries to analyze problems appeared in this case and explore to find more effective, more scientific methods which are resolved those the problems.This paper is divided into four parts except its introduction and conclusion. The introduction mainly tells us the meaning of research as well as the situations of research in world.The first part introduces the typical case and controversies in trial practice, and then raises many questions analyzed and studied. These questions include:the judgment standard of the Act of Communication through Information Network, judgment of actual know or show know,notice of care of Link Service Provider, the application of the safe-harbor rule, the application of notice rule, and so on.The second part has two big problems. Firstly, it introduces relevant knowledge about the Link. It involves the concept of the Link, the classification, the characteristic. And then analyzes the legal nature of link behavior. Namely, it is the Act of Communication through Information Network or the pure link behavior, deep link or shallow link.The third part focuses on infringement identification of the link service provider. Its contents include: according of link infringement, the legal nature of link service provider infringement as well as infringement constitutes. At last, it tells us legislative situation of link infringement.The forth part explains exemption identification problems of link service provider. In this part the paper illustrates the application and comprehension about the Article 23 of the "regulation for the protection of the Right of Communication through Information Network". At the same time, it also analyzes the exemption of this link infringement behavior.
Keywords/Search Tags:link behavior, infringement, link service provider, identify
PDF Full Text Request
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