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A Study Of Theapplicable Requirements Of"safe Harbor" Provision In China

Posted on:2011-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:J M KangFull Text:PDF
Abstract/Summary:PDF Full Text Request
"Regulations on Protecting the Right of Propagation through Information Network"Formally carried out on July 1, 2006,and push the law protection for propagation of internet information to a new high level,The"safe harbor"provision that comes from American copyright law becomes the focus of discussion. The provisions provided the lately measure dimensions for solving the infringement case under network environment. But,"safe harbor"provision,the "protection umbrella" for ISP ,didn't quell the disputation about the infringement liability of the ISP,The case concerning ISP infringement still keeps continuously taking place: the 11 Record companies sued yahoo in April, 2007,The international seven greatest medias tycoon sued"pirate gulf"case in February, 2009,The law stipulated"safe harbor"provision clearly, but was in need of realistic operability and instruction,So, correct comprehension and following the request of"safe harbor"provision is the problem that we should work out at present. Under this situation, I decided to write this paper.Besides the preface and summary, there are four chapters in the paper. In the preface, we make an introduction of the background, the purpose, the meaning and the writing methods of the paper.Chapter one talks about the origins problem concerning"safe harbor"provision,Section 1 generalizes to introduce relevant typical case about internet infringement liability of ISP in the United States. Section 2 is about the value, meaning of"safe harbor"provision.Chapter 2 takes about the lawmaking general situation of several main countries in the world. This Chapter is divided into four sections to respectively introduce the"safe harbor"provision of China, the United States, EU and Germany.Chapter 3 is the main part of thesis, it discuses the application request of"safe harbor"provision,Respectively from three aspects: the corpus, subjective and objective.Chapter 4 is supplement,namely,respectively analyzed the responsibility form under"safe harbor"provision and the additional regulations in Article 24 of"Regulation"for the Article 22 and 23.
Keywords/Search Tags:"Safe harbor"provision, ISP, Application request, Infringement liability
PDF Full Text Request
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