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A Study On The Badware Tort

Posted on:2009-11-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y H ZhaoFull Text:PDF
GTID:2166360245957670Subject:Civil and Commercial Law
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The application of network technology birth the Internet, the Internet can be no exaggeration to say that it is the greatest invention in human history .It has a profound impact on all areas of life, such as economic, political, law and so on .With the social development and the continuous progress of science and technology, the Internet has become an important platform for people's life, people increasingly rely on the network. Though it provids convenient and efficient network of information of information, also opens the door to Viruses, Spam and Badware , Especially the spread of the badware become the new threats to the Internet security. Badware not only damages the legitimate rights of user, but also interferes the user's normal work and life. With the increasingly broad impact and deepening malicious extent, badware has begun serious harm to the healthy development of the Internet industry.As badware is not legally binding and hidden a huge commercial interests, its pace of development has mushroomed, causing very bad influence, becomes the world's largest public hazard. This paper is a research on the badware's right infringement, comments on China's current legislative status and makes recommendations, so as to improve the badware correlation law. Badware is not clear prompts the user or without a permit, then install and run in a user's computer , it against the legitimate rights and interests of user, but not include virus. It is in the grey area between virus and regular software, from legitimate software gradually move closer to the virus, the boundaries between the virus has become increasingly blurred. Badware contens adware, browser hijackers, spyware, malicious-sharing software, software, and other. Badware do a serious violation to the user's property rights, privacy, the right to know and the right to choose, but the state of our legislation was lagging behind. Without the relevant legislative provisions, the anti-badware actions often without legal basis and failed. Many foreign countries have formulated laws on the badware, such as South Korea, India, the European Union, the United States 18 states have developed, and there are 18 states in the formulation of the bill. China should also formulate regulations to better protect the legitimate rights and interests of Internet user, create a sound network environment, and make legislative convergence with the international community. We should broad the meaning of badware infringement damage, whether it is caused by the actions or natural events, whether it is real or in future, as long as they are not sure of interests, we may Called it "damage." The opening of the network lead to the difficulties in gathering evidence , therefore we should be in the causal link between the implementation of the inversion, to reduce the victim's burden of proof, protect the disadvantaged status of the rights of Internet users. Badware infringement includes the responsibility to stop the main form of violation , give an apology, compensate for loss in four areas. The defence of the badware infringement we conducts from both the victim and the perpetrator aspect. We should improve the badware-related legal system, I think we should amend the existing basic civil law, take the privacy as an independent personality right to protection. Based on the danger of malicious software and urgency, we should actively introduce regulate badware specifically in legal norms; We enacte the basic law of the network; establish the authority's official Test; Strength exchanges and cooperation with the international community.
Keywords/Search Tags:badware, tort, property right, privacy right
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