The Research Of Internet Copyright Infringement Of Search Engine

Sharply with the expansion of online information, the face of a broad array of online information, Web users in order to find the information they need, you can type the URL directly, but also need to record the URL, very convenient. The most rapid and simple, inexpensive way to take advantage of the network is a query tool. Among the many query tools, web site search engine is the most respected users are deeply loved, both Sohu, Netease portal provides a search engine, there are professional search engine sites.Such as Baidu, Google and so on. Because the increase in site traffic, search engine service providers can bring in huge profits. So based on commercial interests, more and more sites provide users with the convenience of search engine services. At the same time, the network also suffers from a potential copyright risk of threats. Search engines are emerging as the technology development of new invention, the dissemination of information and culture for sharing contributed, it is because the new face inevitable conflicts or gaps in the law, but only to fill the gaps, there will have ways to resolve conflicts, and resolution in the process of filling, the law will be progress, and rights will be better protected, technology will become more standardized and developed rapidly.This paper has five chapters:Chapter one introduced search engine's infringement, the second chapter about the search engines are liable for infringement cases and their theoretical basis, the third chapter for the international search engines infringement on relevant legislation, the fourth chapter of Copyright infringement on the legislative status of the network, and the fifth chapter is finished off in the good of the search engine of copyright infringement protection system recommendations. In the first chapter, this infringement on the search engines and development are described and presented in the form of its main network link infringement, circumvention of technological measures, not only the digital libraries infringement, but also the object of its network of copyright infringement were introduced on The structure analysis of network communication behavior. In the current network environment, there are two typical behaviors of network communication:one is the network operator directly to digital works placed in the open to the public on a network server for users to enjoy online or download, and the other one is the user will be uploaded to the digital works to the public web server for users to download or watch online. As the network of regional infinity and copyright, the network of traditional copyright regional challenges.The second chapter mainly on the search engine cases and their legal liability related to the theoretical basis of several typical cases are described and analyzed the decision process by the above cases, and the results can be seen that the search engines for our country that constitutes infringement of copyright, fair use and which acts are no clear legal definition of a unified, relevant theory is not mature, the trial of such cases, the judiciary is not yet reached a consensus, but the existence of dispute are growing, the theory we need to explore and perfect the law. The chapter also introduced cases of infringement of search engines should adopt the principle of fault liability and indirect infringement of the provisions described. Network environment and the rational use of the system were discussed.The main contents of Chapter three are international search engines infringing on the relevant legislation, including the "World Intellectual Property Copyright Convention" and related U.S. legislation, including:"Intellectual Property and the National Information Infrastructure Report of the Working Group on Intellectual Property Rights, ""Intellectual Property Rights And the National Information Infrastructure Report of the Working Group on Intellectual Property Rights ","Online Copyright Infringement Liability Act "and" Digital Copyright and Technical Education Act". The most notably is the United States 1998 " Digital Millennium Copyright Act "and the" safe harbor "rule, In particular, proposed a "safe haven " rule, that as long as the network service providers to meet three conditions to be exempt.The rules of search engine service providers around the world and the limits of liability have a huge impact. This chapter also describes the umbrella solution, the Convention was adopted by a kind of "umbrella solution " to solve the exclusive rights of the parties in the copyright in the type and content differences. "Copyright Law" was amended in 2001 in China, when the new "Right of Communication through Information Network" as a separate exclusive right to "interactive" communication behavior of the network placed under the copyright owner's rights, in line with the "umbrella solution "The intention is also to strengthen the copyright protection of our network.The fourth chapter told about the copyright infringement of the legislation on the status of the network are summarized, our "Supreme People's Court on the trial of case related to Copyright Disputes over Computer Interpretation of Several Issues Applicable Law", "Provisional Regulations on Administration of Internet Publishing", "Internet Administrative Protection of Copyright, "" Information Network Transmission Right Protection Ordinance "and the new" tort law "are on the search engines and other Internet service providers carried out the responsibilities and limits expression, marking the copyright protection of our network and network technology, a revolutionary development progress. The "Information Network Transmission Right Protection Ordinance" is the first Ministry of Information Network Transmission Right Protection of the specific legislation on the Internet Copyright Dispute resolution and judicial practice has important theoretical and practical significance. The new "tort law," about the notification rules and rules are informed of the "safe harbor" rules of the adoption are open and flexible.The fifth chapter describes the search engine to perfect our system of protection of copyright infringement, recommended by the search engine service obligations for the review of the difficulties faced and solutions proposed suspicious, if the infringement is established on the preliminary review of obligations imposed to network service providers, and allowed to bear the adverse consequences of the review are not allowed on search engines, and other service providers are not fair. This chapter not only suspected infringer is actually infringements recommendations, but also suggested that China Copyright Society of the role of the text should not be overlooked, while facing the international infringement, jurisdiction and the establishment of cross-border collective management of copyright world, it is particularly important, the ultimate goal of achieve the balance of rights and obligations of the parties and the technical and legal of the win-win situation.