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Internet Link Service Provider's Liability For Copyright Infringement

Posted on:2011-08-31Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhouFull Text:PDF
GTID:2166330338488647Subject:Law
Abstract/Summary:PDF Full Text Request
Internet service provider is an important part in the international communication circle, they provide material and technical support for the exchange of information, without their participation, the exchange of information on the Internet can't be achieved. However, the services they provided gives facilities and platforms for the infringer and objectively played a role in the infringement, makes the damage to the victim becomes true. Particularly for the internet links service providers, it is the basis of Internet technology, the links services provided by service providers exist in every corner of the Internet, the infringement disputes caused by them are endless.This article focuses on the copyright infringement liability of the service providers. The first chapter, I classified the network links, to analysis the network of behavior in real terms. I favor to use the "server standards" to determine the nature of the infringement link. And the internet service provider will be divided into two categories According to the abilitily of arrang the contents, depending on the type of the service providers to different tort liability. The second Chapter ,I Analysis the Elements of the network links service providers'copyright infringement liability. And for the service providers'tort liability, the majority of scholars at home and abroad have basically reached a consensus that the principle as determined by the principle of"fault liability". For compare the advantages of the internet service provider and the actual trial, this article thinks that the the use of the principle of"presumption of fault"will be more favorable. The third chapter we focused on the link of the internet service provider's "safe haven" system. We analyzed the "Safe haven" system with the steps .Chapter IV analyzes the liability of copyright infringement form the three main commitments: stop the infringement, damages and an apology. Finally, the DMCA made some Suggestions for the "Copyright Law": clearing the principle of"presumption of fault"attributable to use the internet link service providers to determine infringement liability; adding the link service providers be a subject of acopyright user, and to establish the implied license for the service providers; the introduction of "notice to delete" rules and disclosure obligations of guidelines for network service providers to link to link behavior.
Keywords/Search Tags:Internet links service providers, Tort liability, "Safe Harbor" system, "Copyright Law"
PDF Full Text Request
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