Case Research On Search Engine's Subjective Fault Of Indirect Infringement

The rapid development of search engines on the Internet and the development of humanity as a whole had a profound effect. As the music search in China's search engine traffic accounts for the important position, so about music copyright infringement v. smoke constantly. Search engine providers for violations of the study, safeguarding the interests of the copyright owner is important, but the search engines as an important application of the Internet, to protect the interests of copyright holders at the same time, we must take into account the search engine industry. Sharing of information resources from the point of view, we can not just to protect the interests of the copyright holder, excessive increase engine service provider's responsibility. From the rights and obligations, capabilities and responsibilities consistent point of view, the obligation to review the copyright reasonably empowerment and search engine providers, seems more equitable. For this reason, this paper, Baidu, Yahoo sued in the MP3 link to the case of infringement as an entry point, comparative analysis of China's judiciary MP3 links on the search engine provider in the subjective fault understanding of indirect infringement to "knowingly" and "should know" application development . And focused on the court "should know" the determination "reasonable person" standard, that we should not be "reasonable person" standard was too broad, so as to avoid the formation of the search engine industry, a comprehensive blow. To hope that the future court cases can enhance the search engine industry, given the signal to promote their healthy development.