The Recognizing Of The Search Engine Service Providers Abusing Of Authority

With the development of the technology of the network, people can quickly and easily download or upload information from the Internet, of which the network infringement begins. The search engine service providers as the important tool of network's dissemination, is an important link of works and users. Generally speaking, when the user's downloading behavior belongs to the direct abuse of authority, the search engine service providers provide the link the behavior which does not belong to the abuse of authority. But with the search engine service providers providing the link service, which provides the condition for the abuse of authority occurrence, the search engine service providers' behavior belongs to the indirect abuse of authority. In our country, the recognizing of the search engine service abusing of authority has not made the uniform, for this, how to recognize the search engine service providers' abusing of authority has become the question which is urgent to solve.The recognizing of the search engine service providers abusing of authority, various countries' procedures are incompletely consistent; US's theory was quite mature, which has formed the indirect right infringement theory. It includes the help infringement and vicarious liability. Our country hasn't stipulated, but different laws have made different stipulations:"The Protection Rule Of The Information Network Transmission Right"has made the quite detailed stipulations;"Tort Liability Act"has been clear about the responsibility of the network service. The article is based on the direct infringement and the indirect infringement to analyze the violation of the search engine service provides. In the context of the current situation, I proposed some suggestions hoping to promote the search engine's development.Apart form introduction and conclusion, it includes:The first one is based on a case to draw out the content: in the Internet how to recognize the search engine service providers abusing of authority.The second one introduces the direct infringement and the indirect infringement. The direct infringement refers to the control behavior without the permission of the copyright person or without the"fair use"or"the legal permission". The indirect infringement is not a direct implementation but a participation leading to the violation occurring. It includes the help infringement and the vicarious liability. The help infringement is the recognition that the existence of direct infringement, and inducing or substantially help the third party to implement the act. The vicarious liability refers to the act provided products or services by the third party are used or may be used for infringement; the author has the ability to stop the behavior occurring not to do but obtain the benefit.The third one is based on the direct infringement to say the link of the search engine service providers not violate the information network's right. Firstly, it introduces the definition of the information network. Then, the working of the search engine and it is a platform to link which do not violate the rights of the information network.The forth one is important. In practical case, the article points out that the violating considerations: the subjective fault; doing nothing after knowing the infringement; the permission of the duty. And then analyzes. The goal is to help people recognize the abusing of the authority when the violation occurs.The last one tells out our laws,and according to the status I tell my ideas: regulating the scope of the network service provides; making the indirect infringement into the law; the improvement of the Information Network Transmission Right; the technical measures. They aim to the steady and quick development. The network can obtain the quick development steadily.