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A Study On Copyright Infringement Of Searching Engine Service Provider

Posted on:2012-07-19Degree:MasterType:Thesis
Country:ChinaCandidate:J LiuFull Text:PDF
GTID:2166330335957306Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Searching engine service provider is a kind of internet service provider. With the rapaid develepment of internet, it becomes more and more important in spreading information.In the meantime,there are more and more litigation against searching engine service provider,especialy the copyrighrt infringement ligation.Since searching engine service provider doesn't provide works directly, it doesn't comfern direct infringement.The owner of copyright often sue it for indirect infringement. The indirect infringement can be classified into contributory infringement and vicarious liability.We will discuss they in this thesis.First ,we will have a view on the nature of searching engine service provider,and find the diferences betwen searching engine service provider and other internet searvice proveders.In the second part of this thesis,we will introduce some basisc problem about the copyright infringement of searching engine service provider,which includes why to imply fault liabity to the copyright infringement and the classification the infringement.In the third part,we will discuss the relationship between direct infringement and the copyright infrigement of searching engine service provider, and conclud that the action of searching engine service provider can't constitute direct infringement.In the fourth part,we will discuss the indirect infringement.The searching engine service provider has helped other internet service provider to spread unathoried work.In other words ,it controbute to the direct infringement.According to the theory of contributory infringement and vicarious liability,it shall shoulder the responsibility.In the fifth part,we will analyse the scope of the searching engine service provider should pay attantion to.At the end of this thesis,we will come to the conclusion that the searching engine service provider dosen't consititute direct infrengement,but when it reach the standard,it consititute indirect infrengement.
Keywords/Search Tags:searching engine service provider, copyright infrengement, direct infrengement, contributory infringement, vicarious liability
PDF Full Text Request
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