Research On "Notice---Remove" System Of Internet Service Providers In Internet Infringement

"Notice---Remove"system has many problems applying in China as a foreign system. Every single court has a different understanding towards this system and thus has a different judgment which makes the internet service companies panic. This thesis interprets relative regulations and analysis the existing problems of"Notice—Remove"system in practice based on the study of many real cases.The first part of this thesis mainly describes the nature and the basic content of"Notice--Remove"system."Notice--Remove"system should considered as an imputation terms under China's legal system. The sending of"Notice"should be considered as an absolute claim of right holders to stop infringing and to eliminate impede.The second part clarifies the application extent further more through doing the comparison and analysis between different kinds of infringement and different kinds of internet service companies in internet. The application of this system is not limited only in certain species of infringement or certain kind of internet service companies but the internet service companies'specific behalf.The third part deeply analysis the specific problems existing in the internet world by combining specific cases and provides some suggestions."Notice"is not a precondition of litigation. The complaint can't have the effect of"Notice"if the right holders didn't send"Notice"before suing. In the cases of personality and copyright infringement, the standard of"qualified notice"should be different. There should be a clear standard to identify the fault of internet service companies in the cases of internet infringement which should follow a disclosure procedure in showing the registration information of internet users.Finally, this thesis concludes the legislative meaning of"Notice- Remove"system which indicates one should think the coordination of right holders, internet service companies and public folks instead of taking side with one of them. Otherwise it could result in the unbalance of benefit and unnecessary chaos.